PERM Moves a Step Closer

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PERM Moves a Step Closer

Progress in the overhaul of the labor certification process known as PERM has moved forward in an important way. As of February 23, 2004, the PERM regulation was with the Office of Management and Budget (OMB) for review. As we have explained previously in articles, including our January 30, 2004 article, Progress on Status of PERM Program, available on MurthyDotCom, the OMB reviews potential regulations before they are published in the Federal Register. This review process could take a maximum of 90 days. The OMB has the opportunity to send the regulation back to the U.S. Department of Labor (DOL) if they have any concerns about those aspects of the regulation that are subject to OMB review. It is not expected that the OMB will review the regulation for the full 90 days, nor that OMB will return the regulations to DOL.

It is most likely that the OMB will complete their review within the next few weeks, and the published regulation will appear in the Federal Register a day or two after the OMB's final review. If the last indications from the DOL remain true, the effective date of PERM will be 120 days after the regulation is published in the Federal Register.

We will continue to track PERM daily, to notify MurthyDotCom readers and MurthyBulletin subscribers when the final PERM regulations are published. This is an important issue for many. We expect that PERM will contain significant changes from the proposed regulation issued previously in May 2002. Stay tuned for information as it becomes available!
 
backlogs and PERM

Do we know if PERM will be implemented irrespective of the current backlogs!!! I may have heard that reducing current backlogs is a prerquisite for its implementation.

I don't know whether thats a good news or not!!! It doesn't make much sense, and from looking at RIR introduction in 2001, ability to convert current cases to PERM is probably more rational...but you never know with DOL and CIS.

Any ideas from gurus here..?


Thanks,
 
I strongly believe that PERM will be implemented irrespective of the current LC backlog. It is absolutely impossible for them to clearing the current backlog in many of the states and the regional DOLs. And I also hope there may be a optional way to convert our LC to PERM. But the thing is, we will have to go through the entire recruitment process again. For that matter, we can apply new LC through PERM, because the process will over within 21 days after we file.
 
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Believe me PERM is a reduction-step of labor certifications. My question is that can I move my application from RIR to Regular, I feel it will be faster and safer for me and my company because of small business. I am ready to have a bitter candy.
Gurus please advise.
 
This is my personal opinion and not a legal view: I think small businesses have better chance of RIR than bigger companies, because smaller companies usually have need for multiple talents in a candidate, and finding a match will be difficult as compared to bigger establishments where people work more or less on very limited set of tools.

001
Originally posted by assur
Believe me PERM is a reduction-step of labor certifications. My question is that can I move my application from RIR to Regular, I feel it will be faster and safer for me and my company because of small business. I am ready to have a bitter candy.
Gurus please advise.
 
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