Labor Certifications: PERM Regulation

On December 27, 2004, the Department of  Labor adopted a new regulation that will streamline the process through which foreign nationals can be sponsored by U.S. employers to become permanent residents. This process is commonly referred to as “Labor Certification”. The new regulation called “PERM” (Program Electronic Management) will go into effect on March 28, 2005. Under the old regulation, it took an average of 2/3 years for a Labor Certification application to be adjudicated by the Department of Labor. Under PERM, it would take an average of 45-60 days for an application to be processed, except audited cases. The basic premise of the labor certification process remains the same, and the same standards of review apply. The Department of Labor must certify that there are not sufficient U.S. workers who are able, willing, qualified and available; and that the employment will not adversely affect wages or working conditions of similarly situated U.S. workers.

The following are some of the frequently asked questions regarding this new process.

Please note that the information given in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.

 

How soon can an application for labor certification be filed under this regulation?

Applications under this new procedure can be filed beginning March 28, 2005. Applications filed before this date will be processed under the old regulation.

How does this regulation affect pending old labor certification applications?

The new regulation allows for conversion of any pending case for which a job order has not yet been placed. Job orders are required only for regular labor certification filings; an application filed through Reduction in Recruitment (RIR) does not involve a job order. Therefore, a pending application with no job order can be withdrawn at any time prior to a final certification by the Department of Labor and refiled under PERM. Refiling under PERM must be done no later than 210 days after the old case was withdrawn. The new filing must be for an “identical job opportunity” and have the recruitment required under PERM regulation.

Can an applicant file a second Labor Certification under PERM while his/her current case is pending?

No. An applicant cannot have two cases pending at the same time for the same job opportunity. An employer would have to file an application for a different employment position.

 

Disclaimer: The information given in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.