I keep seeing memos from ILW stating that they hope BALCA decisions will be more precedent setting under PERM. Actually the way the rulemaking notice was originally written BALCA was to be eliminated under PERM. The only remaining right to appeal would be for Prevailing wage determinations. I believe we need to find a way to object before this becomes law in July because it will make the law whatever any adjudicator wants it to be when they ask for documentation, and with no opportunity to comply with requests or answer availability determinations since their will be no NOFs. We are losing more and more due process rights. The ability to pay memo from CIS will have the same effect. Previously lots of rfes and nofs came back which eventually resulted in approvals. The adjudicators are not at all consistent in what they wanted, but we could provide what a specific adjudicator requested. We will just be guessing if they don't have to give us a chance to answer their abjections and if we do not at least have an in principle possibility of appeal.

Michelle, the appeal would be an unnecessary step, because the application will take 21 days and if denied outright, the applicant can resubmit in 3 or 6 months again with the proper documents to correct whatever the reason for the initial denial was. I'd say this is much better than waiting for 3 years and answering to RFE after RFE and get a denial in the end.