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Question:

Thank you for your leadership in the area of PERM, and for your incisive comments during the ilw telecons. I understand that you are writing an article about re-filing and about having two applications in the system at the same time.

I have a question that you may already be covering in your article, which I believe would be of general interest.

Section 656.17(d)(4) discusses that re-filed applications will be considered identical considering "all accepted amendments up to the time the application was withdrawn." Would this include the employer's receiving a certified mail postal receipt from DOL, submitted in connection with the employer's amendments by mail? What does "accepted" mean?

Answer by Gary Endelman:

First of all, I would not withdraw a prior case, even if you wanted to take advantage of the original filing date since filing an identical case under PERM and seeking to profit in this manner IS deemed a withdrawal. So, why withdraw in advance? Second, while the term "accepted" is not defined, I do not interpret it as simply being received by the SWA or DOL but agreed to. Accepted here meaning DOL/SWA has no objection to the amendment, that it does not constitute a new case or otherwise cause loss of the original filing date. Hope this helps.My Two Bites article did not address this very good question.