Don't rely on PERM
Guys,
Please don't rely on perm.
Here is the info. that came from my lawyer.
mirium99 & bikini, pl. update yor info asa yo hear from yor lawyer. Hope to here good news from yo soon...
PERM – and ITS CONSEQUENCES
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PERM is a new Labor Certification Program that was first tabled before the public in 2001. PERM would work on-line with cases being approved within 20 days.
However, the proposed rules were strenuously objected to by AILA (American Immigration & Lawyers Association) and numerous others in that the program had many rules which would make Labor Certification almost impossible.
PERM would require employers to state salary range in the AD, the exact job duties as listed in the Labor Cert – which is going to increase Ad costs and will require separate Ads for each position, etc.
Consequently, PERM was put on hold and new proposed regulations are expected to be published in June. PERM is projected to go into effect as of October 2003 with the start of the new fiscal year.
PERM is unlikely to be a popular choice for many employers. 20% of all cases filed under PERM – WILL be audited. That means, DOL representatives will walk into the employers’ offices and go through all documentation with regard to recruitment, advertisement etc. Once the DOL is in the office they can obviously conduct an audit of all relevant records such as I-9, LCA’s, employee files etc.
We would not recommend any employer subject itself to a voluntary audit such as this. Historically, when the DOL goes into perform an audit they invariably find non-compliance on some ground or the other. Thus, an employer would be potentially exposing itself to DOL penalties.
PERM in all likelihood will carry a filing fee. As of now there is no filing fee for Labor Certification applications. The fee amount may range between $500 to $1,000 per application.
Note: Discussion on PERM will be resumed upon publication of the new proposed regulation in June 2003.