Sindell Law Offices E-Min Newsletter (Vol. 2) - English Article #7

In recent discussions with the Department of Labor, The American Immigration Lawyers Association has learned the following about PERM, the long heralded program for quick and consistent labor certification. We have all read about PERM and the fact that labor certifications that take 2-3 years could be approved in a month. This is the latest news on this program.


Question:
Please provide the current timetable for PERM regulations and implementation.


Response:
DOL sent the PERM regulation to OMB on February 23, 2004. OMB has up to 90 days to consider the regulation and can seek an extension. If OMB has substantial comments, DOL would need to consider and resolve any issues raised by OMB before the final rule is published. DOL anticipates that PERM will go live 120 days after publication. Before implementation, the PERM processing centers must be made operational with space secured, systems in place, staffing arranged, and policies established. DOL is working on these operational issues in order to have the centers in place for implementation.


Question:
Please advise as to where PERM applications will be processed (location of the offices) and to whom these offices will report-- a regional office or the national office?


Response:
It is currently anticipated that there will be two PERM processing centers, located in Atlanta and Chicago, reporting to the national office. DOL remains committed to implementing PERM and believes that PERM is a major reform that will solve many problems in the existing foreign labor certification program. For example, two important goals of PERM are faster and more consistent adjudications. Between the publication and implementation of PERM, DOL will post information on its website explaining the PERM form, the process, and the differences between the NPRM and the final regulation. DOL also plans to hold four public education seminars on PERM in various locations across the country.


We don't anticipate that PERM will be implemented before October 2004 of this year. Stay tuned for more news on PERM.