OMB Review Deadline for PERM Final Regulation Review - June 21, 2004
OMB Review Deadline for PERM Final Regulation Review - June 21, 2004
The regulations of the agencies are reviewed by the OIRA (Office of Information and Regulatory Affairs) within the OMB (Office of Management and Budget) under the Executive Order 12866 which was published in the Federal Register, Volume 58, No. 190, October 4, 1993. Under Section 6 (b)(2)(B) of the Executive Order, in the current instance of PERM regulation situation, the OIRA is required to complete the review within 90 days from the date of receipt of the information from the agency, which expired on May 21, 2004. However, Section 6(b)(2)(C) provides that the review process may be extended (1) once by no more than 30 calendar days under the written approval of the Director and (2) at the request of the agency head. At the AILA Annual Conference in Philadelphia, the Chief of the Foreign Labor Certification of DOL indeed admitted that on May 21, the OMB's 90-day deadline expired and the DOL requested OIRA for extension. It thus appears that neither the OMB nor DOL can extend the completion of the review process beyond June 21, 2004, next Monday. It is thus obvious that whether there is a published report or not, the OMB review will be completed by next Monday and the DOL will publish it in the federal register at certain date thereafter, which is likely early July.