Immigration Issues/PERM Denied Appeal or new PERM
My PERM Application with PD 08/15/2012 is denied yesterday with below given reason :
"The foreign worker does not meet the requirements listed in section H , of the ETA form 9089. Specifically the employer describes the specific skills or other requirements necessary , in section H.14 as "SAS Certification as Base programmer.Section K requires employer ...".
Section H.14 : Bachelar degree in computer Science or related field and 5 years of experience as programmer analyst with SAS . SAS Certification in Base programming.
Even though I am certified professional since 2008 , looks like in section K Lawyer didn't mentioned explicitely that I have done certification in 2008 and just mentioned all programming skills/job duties along with previous employer experiences. When I had call with Lawyer , He mentioned that we will appeal for reconsideration of this case by sending Certificate and other details . According to DOL PERM processing estimate , the reconsideration is taking 10 months so should I take a chance to go for appeal assuming that the case will be considered as Gov't Error Re-considerations or pursue my employer for filing new application which will take just 4 months to get decision.
Firstly, mistake on your part (Lawyers mistake) would not be considered as Govt Error. Further, regarding time involved I would suggest file anew. Also, confirm whether you can appeal and file a new at the same time - if yes, you may do that too (to retain the PD) - please consult and confirm with your lawyer.