PERM Delayed to Fall 2003
Posted Mar 21, 2003

Visitors to MurthyDotCom, the MurthyChat, MurthyForum, and readers of the MurthyBulletin all have been asking about the status of the PERM (Program Electronic Review Management System) program for labor certifications. As long-time readers will recall, PERM is a complete revamping of the labor certification process that will include online filing. MurthyDotCom and the MurthyBulletin have been following the PERM issue for several years. See our May 08, 2000 article, The Future of Labor Certification and, most recently, our February 21, 2003 article, PERM: Panacea or Problem. [Additional articles are available on MurthyDotCom by using our search feature.]

The most recent information provided by the Department of Labor (DOL) reveals that PERM will not come into effect before Fall 2003. In an earlier announcement, April 2003 was given as the date for publication of the final PERM regulation, with an effective date and starting time in July 2003. For more information, please see our December 27, 2002 article, PERM Projected for July 2003.

According to the DOL, the process of writing the regulation is going slower than anticipated. It is expected that the regulation may be finalized in the previously announced April to July 2003 timeframe. However, the implementation of the regulation requires an automated system for processing the labor certification applications. The DOL states that this system may not be ready until Fall 2003. The regulation will be effective as of the date the automated system is working.

Essentially, some of the uncertainty in the effective date arises from the fact that the technical personnel are working from what the final rule is expected to be at this point. However, if changes are made in the rule, then changes will have to be made in the technical aspects of the process.