OMB Started Reviewing DOL PERM Regulation and Proposed H-2B Post-Certification "Audit" Regulation
OMB is currently reviewing two rules presented by the DOL relating to the alien labor certification application.
PERM Regulation: Yesterday, February 23, 2004, OMB received the PERM regulation from the DOL for its review, which is the first step to launch the PERM permanent labor certification application. Once the OMB approves the PERM, it will be published in the Federal Register as late as 90 days from February 23. Reportedly, the regulation will provide that the effective date or launch date of the PERM will be 120 days from the publication. It appears, though, it may be too early to start recruitment campaign for the PERM filing as the details of the recruitment requirement have yet to be released through the publication of the rule in the Federal Register.
H-2B Post-Certification Audit Regulation Proposed: DOL also presented to the OMB in January 2004 for its review a "proposed" rule on the audit of H-2B temporary labor certification application cases after the certification. The details have yet to be published, but as soon as the OMB approves the rule, it may be published in a form of "proposed" regulation in less than a month and a half. DOL summarizes the purpose of this regulation as follows: "Under the redesigned H--2B temporary nonagricultural program employers seeking to import H--2B workers, except for applications filed for employment on Guam or in logging, will file directly with the Department of Homeland Security (DHS). The employer will be required to conduct recruitment before filing its petition. The petition will include a number of attestations concerning labor market and related issues. DHS will administer the petition adjudication process. After adjudication, the Department of Labor (DOL) will audit selected approved petitions. In such audits, DOL will exclusively examine whether the employer has complied with those aspects of the approved petition related to the labor market and other related attestations. Employers will be expected to have documentation available supporting their attestations as specified in the regulation and will be required to provide this supporting documentation to DOL within 30 days from notice of audit. If, after completion of the audit, DOL determines that the employer has failed to comply with the terms of the attestations contained in the DHS petition or made material misrepresentations in its attestation, DOL will, after notice to the employer and opportunity for a hearing, recommend to DHS that the employer be debarred, for a period up to three years."
It is anticipated that once the DOL launches the PERM, an electronic filing system of permanent labor certification application, it will also intensify the audit and enforcement process sooner or later. Please stay tuned to this web site for the development of these regulations.
Source: immigration-law
OMB is currently reviewing two rules presented by the DOL relating to the alien labor certification application.
PERM Regulation: Yesterday, February 23, 2004, OMB received the PERM regulation from the DOL for its review, which is the first step to launch the PERM permanent labor certification application. Once the OMB approves the PERM, it will be published in the Federal Register as late as 90 days from February 23. Reportedly, the regulation will provide that the effective date or launch date of the PERM will be 120 days from the publication. It appears, though, it may be too early to start recruitment campaign for the PERM filing as the details of the recruitment requirement have yet to be released through the publication of the rule in the Federal Register.
H-2B Post-Certification Audit Regulation Proposed: DOL also presented to the OMB in January 2004 for its review a "proposed" rule on the audit of H-2B temporary labor certification application cases after the certification. The details have yet to be published, but as soon as the OMB approves the rule, it may be published in a form of "proposed" regulation in less than a month and a half. DOL summarizes the purpose of this regulation as follows: "Under the redesigned H--2B temporary nonagricultural program employers seeking to import H--2B workers, except for applications filed for employment on Guam or in logging, will file directly with the Department of Homeland Security (DHS). The employer will be required to conduct recruitment before filing its petition. The petition will include a number of attestations concerning labor market and related issues. DHS will administer the petition adjudication process. After adjudication, the Department of Labor (DOL) will audit selected approved petitions. In such audits, DOL will exclusively examine whether the employer has complied with those aspects of the approved petition related to the labor market and other related attestations. Employers will be expected to have documentation available supporting their attestations as specified in the regulation and will be required to provide this supporting documentation to DOL within 30 days from notice of audit. If, after completion of the audit, DOL determines that the employer has failed to comply with the terms of the attestations contained in the DHS petition or made material misrepresentations in its attestation, DOL will, after notice to the employer and opportunity for a hearing, recommend to DHS that the employer be debarred, for a period up to three years."
It is anticipated that once the DOL launches the PERM, an electronic filing system of permanent labor certification application, it will also intensify the audit and enforcement process sooner or later. Please stay tuned to this web site for the development of these regulations.
Source: immigration-law