Re: where did you hear this?
The PERM regulation has been published on multiple sites hosted by different attorneys. Check www.murthy.com
Or if you cannot find it..check this out( posted from www.fragomen.com)
April 25, 2002 – FDB&L has received word that the proposed rule on the PERM (Program Electronic Review Management System) program may be published as early as next week. The PERM system would replace the current labor certification program with an attestation and audit approach, ostensibly to allow for the quick certification of permanent employment cases. As previously reported, the rule, "Labor Certification Process for the Permanent Employment of Aliens in the United States: Implementation of the New System," cleared the Office of Management and Budget in February 2002.
A comment period will follow publication and it may be several months before a new program is actually implemented.
Prior to filing the labor certification application, the employer would conduct recruitment using sources normal to the occupation and industry during the six-month period prior to filing the application. Unlike the current process, where cases are initially filed with state offices, applications would be filed directly with a DOL processing center. Upon receipt, a DOL computer system would perform an initial check to confirm the form\'s machine readability and/or to confirm that the form and prevailing wage information are present in the application; it would not be necessary to submit documentation of recruitment efforts. A computer would check the application based on several criteria or "flags." If the computer approved the application, it would be certified and returned to the employer. DOL estimates that the process would take about three weeks. If the computer finds a problem, the application would be sent to an officer for auditing.
In addition, as a quality control measure, a DOL officer would randomly select some applications for audit. The audit process may include a request for additional documentation, after which the certifying officer could certify or deny the application or call for supervised recruitment. In the past, the idea of a $1000 filing fee has been floated.
A welcome provision expected in the proposed rule would allow employers to convert already-filed labor certification applications to the PERM system without losing the established priority date.
Immigration experts who had an opportunity to review a draft of the rule expressed displeasure about a number of provisions included that were apparently unexpected. Such provisions include more stringent exacting requirements for recruitment, and a less flexible approach in terms of how employers may craft job requirements and allow existing nonimmigrant workers to utilize on-the-job experience to qualify for positions. Other restrictive provisions also are apparently present in the proposed rule. We will provide a full analysis of the rule once it is published in the Federal Register.
The PERM regulation has been published on multiple sites hosted by different attorneys. Check www.murthy.com
Or if you cannot find it..check this out( posted from www.fragomen.com)
April 25, 2002 – FDB&L has received word that the proposed rule on the PERM (Program Electronic Review Management System) program may be published as early as next week. The PERM system would replace the current labor certification program with an attestation and audit approach, ostensibly to allow for the quick certification of permanent employment cases. As previously reported, the rule, "Labor Certification Process for the Permanent Employment of Aliens in the United States: Implementation of the New System," cleared the Office of Management and Budget in February 2002.
A comment period will follow publication and it may be several months before a new program is actually implemented.
Prior to filing the labor certification application, the employer would conduct recruitment using sources normal to the occupation and industry during the six-month period prior to filing the application. Unlike the current process, where cases are initially filed with state offices, applications would be filed directly with a DOL processing center. Upon receipt, a DOL computer system would perform an initial check to confirm the form\'s machine readability and/or to confirm that the form and prevailing wage information are present in the application; it would not be necessary to submit documentation of recruitment efforts. A computer would check the application based on several criteria or "flags." If the computer approved the application, it would be certified and returned to the employer. DOL estimates that the process would take about three weeks. If the computer finds a problem, the application would be sent to an officer for auditing.
In addition, as a quality control measure, a DOL officer would randomly select some applications for audit. The audit process may include a request for additional documentation, after which the certifying officer could certify or deny the application or call for supervised recruitment. In the past, the idea of a $1000 filing fee has been floated.
A welcome provision expected in the proposed rule would allow employers to convert already-filed labor certification applications to the PERM system without losing the established priority date.
Immigration experts who had an opportunity to review a draft of the rule expressed displeasure about a number of provisions included that were apparently unexpected. Such provisions include more stringent exacting requirements for recruitment, and a less flexible approach in terms of how employers may craft job requirements and allow existing nonimmigrant workers to utilize on-the-job experience to qualify for positions. Other restrictive provisions also are apparently present in the proposed rule. We will provide a full analysis of the rule once it is published in the Federal Register.