A single checkbox mistake by an immigration attorney has derailed an H-1B worker’s green card application, despite the applicant having a strong EB-2 profile and full employer support. With a PERM labor certification filed in March 2024, everything seemed on track—until the lawyer accidentally marked the position as “part-time” instead of “full-time.” This seemingly small error led to a direct denial from the Department of Labor.
The lawyer acknowledged the mistake but informed the applicant that the denial couldn’t be reversed. While the worker suggested filing a motion for reconsideration to save the March 2024 priority date, the attorney discouraged it, stating it had little chance of success and would only cause more delays. Sadly, this left the worker with no choice but to restart the entire green card process from scratch.
Many familiar with such cases agreed the “full-time” checkbox is a non-negotiable requirement in the PERM process. While the Department of Labor allows motions for reconsideration, they rarely succeed unless the error is deemed immaterial—which this wasn’t. The misclassification of job status strikes at the heart of eligibility, making denial almost inevitable.
Even if a reconsideration is filed, applicants cannot begin a new PERM process until the DOL gives a final response, which could take several months. By then, valuable time is lost—and there’s no guarantee the appeal would be approved. This delay adds further uncertainty and pressure to an already fragile immigration timeline.
The most painful part is that the consequences fall entirely on the applicant, not the lawyer who caused the error. In a system where even a single month can shift visa bulletin cutoffs or green card priority, one small oversight can cost years. It’s a stark reminder that in immigration, precision is everything—and mistakes are unforgiving.
