some info to share on PERM
Proposed Regulations on PERM Published May 2002
The Federal Register published proposed PERM regulations on May 6, 2002. The Federal Register is the publication where certain Federal Government notices, including proposed regulations, must be made public. The PERM regulations will make significant changes in the labor certification process. These regulations were covered last week (May 03, 2002) in the MURTHYBULLETIN article, "PERM Regulations Expected Soon," available on MurthyDotCom . At the time of this writing, the regulations are not yet in effect and cases cannot be filed under the PERM provisions. The regulations will undergo a 60-day comment period following publication in the Federal Register. The Department of Labor (DOL) then will review and consider the comments before issuing final regulations. This process could take several more months.
Expected Timeframe for PERM Implementation
Even after the comment process is complete, the DOL may be unable to make the changes immediately. Additionally, according to Harry Sheinfeld, Solicitor, DOL, Employment and Training Administration, the DOL does not have the technology to implement the proposed procedures at this time. At a May 3, 2002 AILA conference, he estimated that the DOL would not have the technology required until January 2003, at the earliest.
What this means for our readers is that, for the time being, cases will be processed under the present regulations and procedures. PERM is still something for the future, although that future appears to be closer at hand.
How PERM Works
The PERM procedures essentially are designed for expedited the processing of Labor Certification applications. Once implemented, all cases will proceed under PERM rather than the two-tiered process of "regular" and "RIR" (Reduction in Recruitment, pre-advertised) cases. The thrust of the PERM program is to streamline case processing. The employer does not have to provide supporting documentation with the filing, but does need to gather this documentation should they be selected for an audit by DOL. These audits will be performed in cases meeting certain selection criteria. Some cases will also be randomly audited for quality control purposes.
Premium Processing of I-140s
The May 1, 2002 estimated start date for Premium Processing of I-140 (Immigrant Petition for Alien Worker) cases has come and gone without implementation of the program. The ISD does not have any further information as to when the program might begin. Premium processing is a procedure that allows for expedited processing of cases upon payment of an additional filing fee. It is currently used in connection with employment-based, nonimmigrant cases.