04/02/2004: Permanent Labor Certification Backlog Reduction Agenda of DOL As Revealed by Deputy Secretary of DOL
On February 12, 2004, Mr. Steven Law, Deputy Secretary of Labor testified before the Subcommittee on Immigration, Border Security and Citizenship, Senate Judiciary Committee on the DOL's plan for the backlog reduction for permanent labor certification applications. The key points are as follows:
In FY 2004 which ends on September 30, 2004, the Congress approved $14.9 million over FY 2003 funding. Sources indicate that state offices (SWA) have already been allocated increased funds for reduction of backlogs at the state level. Some of the increased funds may be used by the DOL to launch the centralized backlog reduction centers.
However, Mr. Law testifies that primary funding for private contractors for backlog reduction will come in FY 2005 which starts on October 1, 2004. The proposed budget increase for backlog reduction is $11.1 million over FY 2004. Mr. Law stated that most of these funds would be used for hiring private contractors for operation of centralized backlog reduction centers. Assumedly, when he stated the centralized backlog reduction centers, he must have meant the two backlog reduction centers which the Director of Foreign Labor Certification Division disclosed earlier to the immigrant community. There are over 300,000 permanent labor certification backlog cases at this time.
The PERM program is planned to open in FY 2005 which starts on October 1, 2004. Even though Mr. Law did not state specifically, apparently, the program would be funded by the user fee revenue and the DOL is currently preparing the legislative proposal to charge fees for application of permanent labor certification (PERM applications).
Well, there are plenty of sources of information by now that FY 2005 that will start in October 1, 2004, about six months from now, will mark a turning point for the permanent labor certification system, in terms of processing times and procedures.
As a side note to the point of present discussion, we should also note that FY 2005 will also mark a year for labor certification enforcement era, particularly temporary labor certification programs of H-2A and H-2B. In parallel with the proposed Temporay Guest Worker Proposal, the DOL/ESA is planning to focus on increased activities to sanction the violators of the labor certification attestations. Accordingly, electronic filing of H-2A and PERM will be more or less driven by the increased enforcement function by the ESA of DOL. For H-2B, since it is being transferred to the USCIS, the H-2B employers will be subject to the follow-up audits and enforcement actions by the ESA and BICE of DHS.
All in all, FY 2005 will open a door with a good sign for the alien workers but an ominous sign for the U.S. employers hiring foreign workers.
