What if my petition is denied?

Workers whose petitions for TAA or NAFTA-TAA have been denied by the Labor Department can apply for administrative reconsideration with the Department. The application for reconsideration must be received by the Department of Labor within 30 days of the publication of the petition denial in the Federal Register. The request must be in writing and include:

• company name
• case number
• description of the group of workers on whose behalf the application is being filed
• specific information or reasons why the petitioners consider the Department of Labor's decision to be in error either as to facts not considered or as to the interpretation of the facts or the law.

Applications for administrative consideration must be sent to the Division of Trade Adjustment Assistance.

Workers who are dissatisfied with the result of the administrative reconsideration, or who missed the deadline for administrative reconsideration, may seek judicial review of the petition denial. An appeal for judicial review must be filed within 60 days of the publication of the results of the administrative reconsideration in the Federal Register, or within 60 days of the publication of the petition denial in the Federal Register for workers who missed the deadline for administrative reconsideration.

Appeals for judicial review must be filed with the U.S. Court of International Trade.

Workers who do not qualify for TAA or NAFTA-TAA may be eligible for services under the Department's Workforce Investment Act Dislocated Worker program, or other programs which may be accessible through their local One-Stop Career Center.