PERM Processing Delays
Posted Jan 23, 2009
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The Program Electronic Review Management System (PERM) labor certification system went into effect on March 28, 2005. It was intended as an improvement over the prior, paper-based system. PERM cases are filed almost exclusively online, and are attestation based. The initial processing time goals for PERM cases were set at 45-60 days. The system was also designed to provide more uniform national processing times, as the prior system had significant variations based upon location of filing. Once some initial issues with PERM were straightened out, the new process came close to reaching the U.S. Department of Labor (DOL)'s stated goals; which was a significant improvement from the processing delays experienced in the earlier system. There were instances of PERM approvals in a few days or weeks. Unfortunately, the days of quick PERM decisions seem to be behind us. This update is intended to provide MurthyDotCom and MurthyBulletin readers with realistic expectations of PERM processing timeframes, based upon the experience of our firm as of January 2009.
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Best Case : No Audit and "Quick" Review
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In recent months, the best processing times that we at the Murthy Law Firm have seen for PERM cases is between three and six months. These are cases that are approved without audits and that move through more quickly than most other cases. This is not at all typical, currently, with many cases waiting well beyond six months with neither a decision nor an audit. This problem seems to be increasing, with the number of decisions made within the three- to sixth-month timeframe virtually disappearing as of November and December 2008.
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Pending without Audit or Decision
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At this time, it unfortunately is fairly common for PERM cases to remain pending beyond six months with neither a decision nor an audit. Inquiries to the DOL generate a standard response, referencing a First-In / First-Out (FIFO) system. Some of these cases remain pending for close to a year without any DOL feedback.
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PERM Certifications Average 14 to 16 Months
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There are some cases that do manage to trickle their way through the DOL to a final decision. In the past few months, the majority of the PERM approvals that our firm has seen have taken over a year. A 14-to-16 month timeframe, unfortunately, is becoming more commonplace, even though PERM was meant to be a solution to the inordinate delays under the pre-PERM system for labor certifications.
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Conclusion : Reasons for Delays
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The reason for these delays is not entirely clear. It is possible, however, that the DOL is carefully scrutinizing more cases, and certain aspects of the system, in light of the weak economy. The DOL greatly increased the percentage of PERM audit requests, including, at one point, a highly-publicized and ill-fated effort to audit all the cases filed by a particular, large immigration law firm. (That effort ceased following legal challenge to the basis of the audit.) There are other political, economic, and bureaucratic factors that come into play in the operation of any government program. This is all the more so for programs involving foreign nationals. The result is long processing times, generally more than six months and up to approximately 16 months. Those involved with the process should know that, for the time being, this has become the norm. Typically, we would provide suggestions for pushing toward improvement or challenging this issue, and there may come a time when this will be appropriate. Given that there is a change in the administration, however, including DOL leadership, it is our hope that the DOL will be able to strike the right balance between proper case scrutiny and prompt decision once again.
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