Perm denied due to remote work

sainath r

Hi everyone, I’m looking for advice from anyone who has been in a similar situation or has experience with employment-based immigration. Here’s my situation: Currently on H-1B ending November 2026 Working as a Validation Engineer at XXXX in the medical device industry(Full Time). I hold three master’s degrees and an ASQ Certified Software Quality Engineer (CSQE) certification. My work involves FDA-regulated medical device software validation, quality systems, compliance, and computer system validation. My employer filed my PERM in June 2025. Unfortunately, it was recently denied. According to our immigration attorney, the denial is related to the Department of Labor’s current position on employees who work remotely and/or travel as part of their job. They mentioned that many PERMs have recently been denied for the same reason. The plan from my employer is: File a Motion to Reconsider within 30 days. Once the motion is pending, file a 1-year H-1B extension using premium processing. Start a brand-new PERM process immediately. File the new PERM before my H-1B expires in November 2027. I asked about alternative options like O-1, EB-1, and NIW. The company attorney responded that Advanced Bionics will not pursue those options but that I am free to pursue a self-sponsored EB-1A or NIW if I choose. They also cautioned that denial rates have increased under the current administration. I’m trying to decide whether it’s worth pursuing an NIW or EB-1A independently while my employer continues with the PERM process. My questions are: Has anyone had a PERM denied for the remote work/travel issue and then succeeded after refiling? Based on my background, does an NIW seem worth exploring, or would it likely be a difficult case? Is EB-1A realistic, or is that probably a stretch without publications, patents, or national recognition? Can an NIW and an employer-sponsored PERM proceed in parallel without causing issues? Can anyone recommend attorneys who specialize in strong NIW or EB-1A cases for engineers in regulated industries rather than researchers? I’d appreciate any experiences or advice from people who have gone through something similar. Thanks in advance!

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