PERM Denied on 5/19/2026
Hello all. Yesterday I received an unwanted news. My PERM got denied. Filed on 2/18/2025, denied on 5/19/2026. My 6-year H-1B ends on 9/30/2027. What are my possible options? Anybody else in the same boat? Would really appreciate the community’s insight. TIA!
The denial reason:
“Pursuant to 20 CFR § 656.17(a)(1), incomplete applications will be denied. The instructions for Section F.c of the Form ETA-9089 state that if the job opportunity requires roving, travel or possible relocation, to indicate “various worksites,” in Section F.c.1. Section F.c.1. of the Form ETA-9089 “is blank”; indicating that travel is not required. On the Form ETA-9141, however, the employer indicated that there is a travel requirement in Section F.d.3 and provided further detail in the Addendum for Section F.d.3.a stating: "The occupation requires visiting client (project) sites about 10% of the year, an average of 2 days per month. The client/project sites are typically within a 2-hour driving distance of -X-. No international travel or domestic air travel is anticipated."** **The contents of a completed Form ETA-9089 dictate the expectations for the advertising requirements under 20 CFR § 656.17(f), which must include travel if it is required. Provided that the Form ETA-9141 was completed stating travel, however, the Form ETA-9089 did not and is considered incomplete.
Based on the foregoing, the instant application is incomplete and therefore denied.
DENIAL AUTHORITY: Pursuant to 20 CFR § 656.17(a)(1), an employer who desires to apply for a labor certification on behalf of an alien must file a completed Department of Labor Application for Permanent Employment Certification form (Form ETA-9089). The application must be filed with an ETA application processing center. Incomplete applications will be denied.”