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PERM


The Department of Labor ("DOL"), in May 2002, proposed to significantly amend its regulations governing the filing and processing of labor certification applications ("LC"). The new system will be called PERM (Program Electronic Review Management) and the DOL expects to publish an interim rule implementing PERM in early Winter 2004, with an effective date of Spring 2004, although these estimated timeframes are subject to change. PERM promises to dramatically reduce labor certification processing times, as well as make the labor certification process consistent, regardless of the state in which the employer operates.

The new system, when implemented, would require employers to conduct recruitment before filing their applications. Employers would be required to conduct both mandatory and alternative recruitment steps. The procedures would significantly reduce the average time needed to process labor certification applications

Under PERM, the list of Schedule B occupations will be eliminated. There will no longer be any restriction on the type of job that is eligible for LC processing. The employer will be required to conduct recruitment prior to filing. The recruitment must be completed no more than six months prior to filing the application.

PERM also will allow filing via either fax or mail. Filing via Internet will eventually be available. Once the application is filed it is electronically scanned. Decisions on applications will be made within 21 days of filing. Some applications will be selected for an audit, at which time the DOL will request documentation of the recruitment efforts from the employer. An employer will have 21 days to respond to this audit notice.

LC applications that have already been filed under the old regulations will be allowed to convert to the PERM type of processing but will be allowed to keep their original filing date.

Once the DOL has completed processing, it will certify an application, deny an application or order supervised recruitment. Once an application has been certified it will be ready for immigrant visa processing.

For more information about PERM, please visit the Department of Labor's Web site, at http://workforcesecurity.doleta.gov/foreign/perm.asp

UPDATED: NOVEMBER 18, 2003





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