http://www.visanow.com/IMMIGRATION_VISA_INFORMATION/immigrationnews/content/1004_PERM.html
PERM Regulation Expected Soon, Employers Should Act Quickly
The Program Electronic Review Management (PERM) regulation is expected to be published in the Federal Register within the next month. Part of the US Department of Labor's initiative to eliminate the application backlog, PERM will replace traditional and Reduction in Recruitment (RIR) labor certification processing. Once it goes into effect, PERM will have a potentially adverse impact on employers, particularly smaller businesses, and VISANOW is strongly advising employers to submit their labor certifications and RIR applications as soon as possible using the current process.
Labor certification must be obtained in order to demonstrate insufficient qualified U.S. workers are available and willing to perform the work in the area of intended employment. While the specifics of PERM are not public at this time, it has been suggested the proposed regulation will impose more restrictions with respect to prevailing wage requirements, change recruiting procedures and eliminate the ability to use experience gained with the same employer. If these restrictions are included in the final regulation, the new labor certification standards could create a significant increase in the already time consuming and work-intensive process, and ultimately, fewer professionals could qualify for labor certification.
Once the PERM regulation is published, there will be a brief grace period where employers who file labor certifications and RIR applications can take advantage of working with the current process and avoid unknown setbacks. Once the grace period ends, however, employers must comply with the new regulations. VISANOW urges employers to contact their immigration services provider immediately for assistance with this matter BEFORE the regulation is published.
VISANOW will provide PERM updates as they become available.
PERM Regulation Expected Soon, Employers Should Act Quickly
The Program Electronic Review Management (PERM) regulation is expected to be published in the Federal Register within the next month. Part of the US Department of Labor's initiative to eliminate the application backlog, PERM will replace traditional and Reduction in Recruitment (RIR) labor certification processing. Once it goes into effect, PERM will have a potentially adverse impact on employers, particularly smaller businesses, and VISANOW is strongly advising employers to submit their labor certifications and RIR applications as soon as possible using the current process.
Labor certification must be obtained in order to demonstrate insufficient qualified U.S. workers are available and willing to perform the work in the area of intended employment. While the specifics of PERM are not public at this time, it has been suggested the proposed regulation will impose more restrictions with respect to prevailing wage requirements, change recruiting procedures and eliminate the ability to use experience gained with the same employer. If these restrictions are included in the final regulation, the new labor certification standards could create a significant increase in the already time consuming and work-intensive process, and ultimately, fewer professionals could qualify for labor certification.
Once the PERM regulation is published, there will be a brief grace period where employers who file labor certifications and RIR applications can take advantage of working with the current process and avoid unknown setbacks. Once the grace period ends, however, employers must comply with the new regulations. VISANOW urges employers to contact their immigration services provider immediately for assistance with this matter BEFORE the regulation is published.
VISANOW will provide PERM updates as they become available.