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Case Stories
❌ EB-3 Skilled Worker PERM Denied - Remote/Travel Policy Issue, Refiling + NIW Consideration
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❌ **Case Status: Denied**
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A Validation Engineer on H-1B had their employer-sponsored PERM denied in 2025 due to DOL's evolving stance on remote work and travel-based positions. The employer plans to refile while simultaneously filing a Motion to Reconsider. The applicant is exploring whether to independently pursue NIW or EB-1A in parallel.
A medical device Validation Engineer currently on H-1B (expiring November 2026) had their PERM labor certification denied after filing in June 2025. The denial was attributed to the Department of Labor's current position on employees who work remotely or travel as part of their role — a trend affecting many PERM filings in this period. The employer's recovery plan includes: (1) filing a Motion to Reconsider within 30 days, (2) extending H-1B via premium processing while the motion is pending, and (3) immediately starting a fresh PERM to file before the H-1B expires in November 2027. The applicant holds three master's degrees and an ASQ CSQE certification, with specialized experience in FDA-regulated software validation. The employer has declined to sponsor EB-1A or NIW but has confirmed no objection to the applicant pursuing self-sponsored alternatives in parallel. Key questions revolve around NIW viability for regulated-industry engineers, EB-1A feasibility without academic publications or patents, and whether parallel tracks create any legal complications.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1ukv9l3/perm_denied_due_to_remotetravel_issue_employer/)**
*Source: Reddit PERM Labor*
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*This post was automatically curated from online sources to share real case experiences with the community.*