Labor Certification Processing Times Improved
Posted May 22, 2009
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We at the Murthy Law Firm have noticed a significant improvement in the processing of PERM labor certification (LC) applications as of early to mid 2009. Regular readers of MurthyDotCom and the MurthyBulletin learned of extended delays in LC / PERM processing from our January 23, 2009 article, PERM Processing Delays. At that time, delays were commonplace. Since then, however, there has been noticeable improvement on the part of the U.S. Department of Labor (DOL) in the movement of pending PERM applications and overall processing times.
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PERM Processing Information Available on DOL WebSite
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The processing information is available on the DOL WebSite, as part of the new iCert portal. To view this information, select the tab marked "performance information" (in the middle of the page). As of this writing, it reflects a processing time of approximately six to seven month for applications that do not undergo an audit.
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For applications that are audited, the processing times are increased by more than a year, to approximately 20 months. Thus, as of mid-May 2009, the DOL is processing applications filed in November 2008 if no audit is required. If an audit is required, then it is processing applications filed in September 2007.
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Murthy Law Firm PERM Processing Timeframes
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These reported processing times are consistent with our experience regarding applications filed by the Murthy Law Firm. At the time the January 2009 article, referenced above, was written, there was little movement overall in PERM applications. Applications for most employers seemed to be in a holding pattern with the DOL. Of late, this appears to have changed, with increased decisions and action on pending applications.
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Conclusion
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The current processing times for PERM labor certifications are certainly an improvement. Many Murthy Law Firm clients have been relieved to finally receive the desired results with their PERM approvals. Continued improvement in this area, particularly to include those applications that undergo audits, would fulfill the wishes of many. We note that, while six or seven months for applications without audits is a step forward, it is not the processing time that was promised as part of the PERM program.


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