Court Orders DOL to Process Delayed PERM Petition On Emergency Basis

Posted January 14, 2010 - A U.S. district court in Atlanta, Georgia ordered the U.S. Department of Labor to process a PERM labor certification application (ETA 9089) that had been delayed and pending for 10 months. The petitioner in the case filed a PERM labor certification application with the Department of Labor. After 10 months of waiting with no decision issued, the petitioner filed suit in the U.S. district court to force the Department of Labor to process the PERM application on an expedited basis.

In the mandamus action seeking an emergency temporary restraining order, the petitioner argued that he would suffer irreparable injury if the PERM application is not adjudicated on an expedited basis. He argued that his son would soon turn 21 and age-out if the I-140 is not filed before he turned 21. However, an I-140 green card petition first requires that the underlying PERM ETA 9089 labor certification be approved by the Department of Labor.

The court agreed with the petitioner and required the Department of Labor to process the application within 2 days. The petitioner in that case was represented by another law firm.

[Review the Court Order Requiring DOL to Process PERM Petition on an Emergency Basis]