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Labor Department Releases Plans for PERM Transition
The US Department of Labor has sent a memorandum to State Workforce Agency Administrators advising them on important changes taking place as the agency gets ready to move to the new PERM labor certification streamlining program.
The DOL does not state in the memorandum when the Office of Management and Budget will allow the PERM regulation to be published. However, they are still assuming it will happen before the end of 2004 and the program will be operational within 60 days of publication of the implementing rule in the Federal Register.
The memorandum to SWAs notes that these agencies will still manage prevailing wage determinations, H-2A applications and H-2B applications. However, their funding will be cut by 50% this fiscal year as the transition to PERM continues.
The memorandum states that in the event the PERM rule is not published by the end of 2005, the SWAs will still be phased out. First, as noted last July in the Federal Register, the Labor Department has created a backlog reduction plan to deal with the thousands of labor certification cases pending at state and federal labor department offices across the country. The rule allows the DOL’s Employment and Training Administration (ETA) to transfer labor certification cases pending at either an SWA or regional DOL office to two backlog reduction centers (the DOL regional offices in Philadelphia and Dallas).
The DOL is using its personnel as well as contractors to process backlog cases in these two centers. They are first starting with regional office backlogs and then will move on to the SWAs (which should start by the end of this month). According to the memo, the two offices started operating at the beginning of this month. The DOL expects them to close in two years at which time they should be done with their work.
By March 31, 2005, the SWAs are expected to have had all their cases transferred to one of the two new backlog reduction centers or to foreign labor certification staff in New York, Boston or San Francisco for completion of processing. The DOL plans to process backlogged cases in the order of original filing dates with the oldest being worked first. The cases will be handled either under the traditional recruitment rules or the Reduction in Recruitment rules depending on which method was chosen during the initial filing.
The DOL is also establishing national processing centers in Atlanta and Chicago which will handle cases that are not part of the backlog reduction program. The Atlanta and Chicago processing centers are expected to be operational by the end of 2004. After that date, all SWAs will forward “open” cases to these two centers. From January 1st onward, SWAs will “accept” cases, but not “open” cases filed by employers and forward them to either Atlanta or Chicago (depending on jurisdiction noted below).
For cases received before January 1st, 2005 that are pending at an SWA, the SWA should continue working the cases until they are ready for forwarding to either Atlanta or Chicago. If a case is completed prior to January 1st, the case should be forwarded to a regional DOL office under current procedures.
If the PERM regulation is issued before the end of the year, then the SWAs will be instructed to stop accepting applications for labor certifications 61 days after the publication of the regulation and the DOL will issue guidelines as to where SWAs must forward remaining permanent labor certification applications.
The memorandum also discusses the funding of SWA. Funding for the 2005 fiscal year will be at 50% of the level for 2004. SWAs will be expected to fund one full-time position devoted to coordinating the transition from a state-federal system to primarily a federally administered program.
Atlanta Processing Center Jurisdiction
Alabama
Connecticut
Delaware
Florida
Georgia
Kentucky
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
Tennessee
Vermont
Virgin Islands
Virginia
Washington, DC
West Virginia
Chicago Processing Center Jurisdiction
Alaska
Arizona
Arkansas
California
Colorado
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Louisiana
Michigan
Minnesota
Missouri
Montana
Nebraska Nevada
New Mexico
North Dakota
Ohio
Oklahoma
Oregon
South Dakota
Texas
Utah
Washington
Wisconsin
Wyoming
Labor Department Releases Plans for PERM Transition
The US Department of Labor has sent a memorandum to State Workforce Agency Administrators advising them on important changes taking place as the agency gets ready to move to the new PERM labor certification streamlining program.
The DOL does not state in the memorandum when the Office of Management and Budget will allow the PERM regulation to be published. However, they are still assuming it will happen before the end of 2004 and the program will be operational within 60 days of publication of the implementing rule in the Federal Register.
The memorandum to SWAs notes that these agencies will still manage prevailing wage determinations, H-2A applications and H-2B applications. However, their funding will be cut by 50% this fiscal year as the transition to PERM continues.
The memorandum states that in the event the PERM rule is not published by the end of 2005, the SWAs will still be phased out. First, as noted last July in the Federal Register, the Labor Department has created a backlog reduction plan to deal with the thousands of labor certification cases pending at state and federal labor department offices across the country. The rule allows the DOL’s Employment and Training Administration (ETA) to transfer labor certification cases pending at either an SWA or regional DOL office to two backlog reduction centers (the DOL regional offices in Philadelphia and Dallas).
The DOL is using its personnel as well as contractors to process backlog cases in these two centers. They are first starting with regional office backlogs and then will move on to the SWAs (which should start by the end of this month). According to the memo, the two offices started operating at the beginning of this month. The DOL expects them to close in two years at which time they should be done with their work.
By March 31, 2005, the SWAs are expected to have had all their cases transferred to one of the two new backlog reduction centers or to foreign labor certification staff in New York, Boston or San Francisco for completion of processing. The DOL plans to process backlogged cases in the order of original filing dates with the oldest being worked first. The cases will be handled either under the traditional recruitment rules or the Reduction in Recruitment rules depending on which method was chosen during the initial filing.
The DOL is also establishing national processing centers in Atlanta and Chicago which will handle cases that are not part of the backlog reduction program. The Atlanta and Chicago processing centers are expected to be operational by the end of 2004. After that date, all SWAs will forward “open” cases to these two centers. From January 1st onward, SWAs will “accept” cases, but not “open” cases filed by employers and forward them to either Atlanta or Chicago (depending on jurisdiction noted below).
For cases received before January 1st, 2005 that are pending at an SWA, the SWA should continue working the cases until they are ready for forwarding to either Atlanta or Chicago. If a case is completed prior to January 1st, the case should be forwarded to a regional DOL office under current procedures.
If the PERM regulation is issued before the end of the year, then the SWAs will be instructed to stop accepting applications for labor certifications 61 days after the publication of the regulation and the DOL will issue guidelines as to where SWAs must forward remaining permanent labor certification applications.
The memorandum also discusses the funding of SWA. Funding for the 2005 fiscal year will be at 50% of the level for 2004. SWAs will be expected to fund one full-time position devoted to coordinating the transition from a state-federal system to primarily a federally administered program.
Atlanta Processing Center Jurisdiction
Alabama
Connecticut
Delaware
Florida
Georgia
Kentucky
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
Tennessee
Vermont
Virgin Islands
Virginia
Washington, DC
West Virginia
Chicago Processing Center Jurisdiction
Alaska
Arizona
Arkansas
California
Colorado
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Louisiana
Michigan
Minnesota
Missouri
Montana
Nebraska Nevada
New Mexico
North Dakota
Ohio
Oklahoma
Oregon
South Dakota
Texas
Utah
Washington
Wisconsin
Wyoming
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