PERM Update : April 30, 2003
Posted May 09, 2003

Timing

We regularly hear from MurthyDotCom and MurthyBulletin readers that they are anxiously awaiting information about the PERM labor certification program. The most recent information indicates that the publication of the interim final PERM rule is not going as fast as initially predicted. However, the targeted publication is set for July 2003, with an implementation date of October 2003. If the interim regulation is not published by September 1, 2003, the October effective date will not be achievable. Those who are unfamiliar with PERM, a complete overhaul of the labor certification process, may find it helpful to refer to our February 21, 2003 MurthyBulletin article, PERM : Panacea or Problem? available on MurthyDotCom.

Existing Labor Certification Cases

There will be a mechanism to "convert" pending labor certification cases to PERM. The DOL prefers the term "upgrade," as it appears that only the priority date will be maintained. The upgrade will require an entirely new filing, in compliance with the PERM regulations. It is expected that new advertising will be required in conjunction with the upgraded filing. However, DOL has stated that they are looking for a way to "marry" an old case to the new PERM case for upgrading. It is not entirely clear what is meant by this terminology. New advertising would be quite burdensome for most employers and beneficiaries.

Existing cases will continue to be processed under existing regulations and procedures. According to DOL, there are approximately 300,000 pending labor certification cases. For 2004, $42 million dollars has been allocated for reduction of the backlog. There will be 60 new, full-time employees for purposes of backlog reduction. The DOL predicts that if they have the same budget for the following year, they will be able to eliminate the backlog. This is good news for those who are wavering between filing a labor certification now and waiting for PERM. It is also encouraging for the many people who have experienced the extraordinary backlogs in labor certification processing in many parts of the U.S.

We will continue to follow PERM closely and update our readers as information is released. The DOL states that they have made decisions on the issues raised in comments submitted when the PERM regulation was initially published. However, they are unable to release the substance of those decisions at this time.