PERM

shelfd

Registered Users (C)
This thread is pecifically for discussing PERM, a new, hopefully expedited, labor certification program.
 
Is it a joke again?

Actually PERM is not new. We heard it several times as early as 1999. It was proposed, and then disappeared, w/o any cause.

We were told that regulations would be addressed in May, and that after 7/5 it would be implemented. Now we saw May and July 5 passing by, however, no information any more.

There used to be a link "new rule making" at http://workforcesecurity.doleta.gov/foreign.asp

however, it is no longer there now.

So many signs indicate that - it is a joke one more time. Don't invest your feeling any more in it . Don't get yourself fooled by PERM.
 
Yes PERM has been discussed for a while, but is not currently a JOKE.
In fact the proposed rules, running to 74 pages are quite draconian in a way, and it will be extremely difficult for relatively small companies to meet the requirements. As per my analysis only larger companies who recruit extensively at US campuses and otherwise will be able to document and satisfy DOL.
So file for regular LC as quickly as possible, all aspirants, to firm up a priority date!
 
PERM regulations are still under considerations by DOL. They invited comments from interested persons till July 5. The link is still there for "Notice of Proposed Rulemaking" on DOL website : http://workforcesecurity.doleta.gov/foreign/perm.asp.

There is no news as to what the DOL is doing after getting the comments and what the timeline is on the actions.

Although PERM process reportedly will enable the DOL to approve LC cases in 21 days (unless the case is selected for and audit), there are a lot of issues regarding the methodolgy of recruitment, job requirements, wages etc. that might make it difficult for employers to get approval on an LC. Search for "PERM labor certification" on the web and find out the glaring illogical proposals in the PERM regulations.
 
21 days? How can they do any kind of reqcruitement in 21 days? Or is it assumed that companies will do the recruitement before submitting for LC (like in RIR)?

Also, any ideas if this new process will be retoactive?
 
It is not assumed, but will be required of companies to conduct recruitment before submitting the PERM LC application. The results of recruitment efforts will no longer be required to be submitted with the application, but the employer will be required to keep them on file in case their case is selected for review.

Since the recruitment requirements as well as wage standards are going to differ, its not clear how the DOL will treat the migration of pending LC cases to PERM process.
 
Update

Last I heard about PERM is that, DOL is still debating on the rules & regulations and it will not be released as planned on Sept. Will take more time. This update is from a law firm representative who sits in the DOL meetings.
 
What I've heard from my lawer in Chicago, even if DOL accepts it in Sep, it will take them at least 9-12 month before the system can actually be implemented due to various technical reasons.

So, realistically it's doughtful to happen till hte end of 2003.
 
This from a relevant website, to address the concerns about exisiting LC applications:

you will always have the chance to re-file under PERM and maintain the priority date you establish now under the normal process (this was confirmed by DOL at the AILA annual convention.)

Finally, by filing now you are giving yourself a choice: if PERM stays the way it is proposed and it would not be convenient for your particular situation, then you can continue with the process as it is today and its established rules. On this point, the DOL was clear that a process started before PERM will be considered under the existing guidelines if the person does not voluntarily wish to re-file under PERM.
 
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This from a relevant website, to address the concerns about exisiting LC applications:

you will always have the chance to re-file under PERM and maintain the priority date you establish now under the normal process (this was confirmed by DOL at the AILA annual convention.)

Finally, by filing now you are giving yourself a choice: if PERM stays the way it is proposed and it would not be convenient for your particular situation, then you can continue with the process as it is today and its established rules. On this point, the DOL was clear that a process started before PERM will be considered under the existing guidelines if the person does not voluntarily wish to re-file under PERM.
 
Not looking good?

This from a chat session of a relevant website.....


User : Since PERM processing is not likely to begin anytime soon, is the DOL making any other efforts to reduce the huge backlogs? Thanks.

Attorney : On the contrary, they seem to take the position that since the economy has softened and there may be many U.S. workers available to do the job, they do not need to reduce backlogs. Rather, they are scrutinizing each LC application more closely than in the last three or so years. PERM was introduced in a boom market, but now with the downturn, PERM may no longer be a DOL priority after all.
 
Brutal.

Never good to hear that kind of quote.

One would think that in a down market they would actually want to improve efficiency which would allow them to scrutinize apps in specific parts of the economy or labor force.
 
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