PERM Performing Arts and Revocation

The changes to PERM for obtaining work permits for aliens can be confusing. An immigration lawyer can explain the issues regarding the major differences in standards for filing for permits, attestation, advertising jobs, as well as job duties and wages for aliens under PERM. Below is an example of the new standards for work permits.

Question: What are the procedures to be followed in filing applications on behalf of aliens of exceptional ability in the performing arts formerly processed under the special handling procedures in the former regulations?

Answer: Aliens of exceptional ability in the performing arts are now included in § 656.5, Schedule A, under Group II. Accordingly, such applications must be filed in duplicate with the appropriate office of the Department of Homeland Security. The documentation that must be filed in support of such applications is listed in § 656.15, Applications for labor certification for Schedule A occupations.

Question: What is revocation?

Answer: If the granting of a labor certification is found not to be justified, whether based on unintentional or willful conduct of the employer, a previously approved labor certification will be revoked.

Question: What are the criteria for revoking approved labor certifications?

Answer: Certifying Officers have the authority to revoke an approved labor certification for fraud and willful misrepresentation, obvious errors, or for grounds or issues associated with the labor certification process.

Question: Is there a time limitation for revocations?

Answer: No, a time limit has not been imposed on the authority of Certifying Officers to revoke labor certifications.

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