more perm/backlog reduction news
1. PERM Update : May 2004
As promised, we continue to update MurthyDotCom and MurthyBulletin readers with the most recent information available on PERM processing for the permanent labor certification process. The U.S. Department of Labor has recently provided an estimated time for the publication of the final PERM regulation. The very earliest possibility could be June 2004, although it more likely will be in July or August 2004 at the earliest, with Fall 2004 being most realistic. The regulation is still expected to be effective 120 days from the time it is published.
At the May 7, 2004 American Immigration Lawyers Association (AILA) Washington, D.C. Chapter Business Conference, top level U.S. Department of Labor officials were peppered with questions about PERM from various participants at the conference. Attorney Sheela Murthy was both the Moderator for the session on labor certifications and a speaker on the panel. The other panelists included William Carlson, Chief of the Alien Labor Certification Unit of the U.S. Department of Labor (DOL), and Harry Sheinfeld, Solicitor for the Employment and Training Administration of the DOL dealing with labor certification matters.
Background on PERM
As our regular readers know, PERM attempts to be a complete overhaul of the labor certification system and has been long anticipated. As explained in our February 27, 2004 MurthyBulletin article, PERM Moves a Step Closer available on MurthyDotCom, the proposed PERM regulation has been sent to the Office of Management and Budget (OMB) for review. This review could take up to 90 days.
OMB Reaching 90-Day Point
As this 90-day period will end later this month (May 21, 2004), many of you are anxiously awaiting further developments. The process at this point is that OMB has had almost the full 90 days for their review. This review, according to the DOL, has included sending the regulation to the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) for their input and review before final action. The OMB will send the regulation back to the DOL upon completion of its review. It is anticipated that the OMB will only require minor changes before the regulation can be finalized and the estimated timeframes are based upon this assumption. If the OMB requires more significant changes, then the timeframes will be greatly extended. The DOL has opined that even the Fall 2004 date may be unrealistic if there are extensive comments from DHS or DOJ to the PERM regulations.
Non-PERM Filings Continue
The DOL confirmed that cases could be filed using the present, regular labor certification system or the Reduction in Recruitment or RIR process, until PERM becomes effective. Thus, even after PERM regulations are published, it should be possible to file a case under the regular LC or RIR process within the limited window before the effective date of PERM. Once PERM is effective, all labor certifications will have to use only the PERM system.
Backlog Reduction
In concert with the PERM program, the DOL is also moving forward on a backlog reduction program for the over 300,000 pending labor certifications nationwide. They have established two Central Application Processing centers for backlog reduction in Dallas, TX and Philadelphia, PA. The goal is to eliminate the backlogs and adjudicate every regular LC or RIR case pending by July 2006.
We understand that the PERM process is awaited with great anticipation by many MurthyDotCom and MurthyBulletin readers who are eager to consider a faster processing option to help in obtaining the green card or permanent resident status. We hope to be on the cutting-edge in providing you with the latest information. We will continue to closely follow these important DOL programs and will advise our readers as changes unfold.
