Re-Filing a PERM Petition

Once an employer requests its application be withdrawn, how soon can the employer file a new application for the same foreign worker?

After requesting a withdrawal, an employer may not file a new ETA Form 9089 for the same foreign worker until one of the following occurs:

(A) Employer sees, using the online PERM system, that the status of the original case changes from “In Process” to “Withdrawn,” or

(B) Employer receives confirmation (via standard U.S. Mail or e-mail) from the NPC that the ETA Form 9089 currently in process has been withdrawn.

The employer is reminded that an employer may not file a new application merely because the online status changed to “Denied.”

The employer must wait until it receives the Final Determination Form from the National Processing Center stating the reasons for the denial.

This ensures the employer is apprised of all the application’s deficiencies.

Source: h1b now