PERM Regulation Finally in Effect
By: Erum Jivani, Associate Attorney - George R. Willy, P.C.
The final PERM ("Program Electronic Review Management") regulation was
published on December 27, 2004, and became effective on March 28, 2005. From
here on PERM will be the only way to file labor certification. Labor
certification is required for most employment based green card applications.
Labor certification is a determination by the Department of Labor that there
are no U.S. workers who are qualified and available for the job in question.
It is expected that most PERM applications will be processed to completion
within 45-60 days.
All PERM applications will be filed directly with the Department of Labor
over the Web. The state agencies will supply the prevailing wage, but will
have no other involvement in the process. Before filing an application, the
employer must conduct specified recruitment activities.
No documentation need be submitted with the application. However, the
employer must maintain copies of the ads, resumes, and other documents
showing that the recruitment actually occurred as reported. The DOL will
audit selected cases. Applicants must then produce all supporting documents
in thirty days. If the documents cannot be immediately produced, the
application will be denied. Applicants must resist the temptation to cut
corners with PERM.
PERM does not change the special rules available for Schedule A occupations
including nurses and physical therapists (who are pre-certified) and
university teachers (who apply under an easier-to-meet standard).
Existing cases can also be converted to PERM cases without loss of the
original filing date. This will be very helpful to Indian, Chinese and
Philippine workers affected by the retrogression of priority dates. It will
also help people to get seventh-year H-1B extensions. The new cases must be
for the identical job opportunity to maintain priority date.
George R. Willy, P.C. looks forward to helping companies and their foreign
workers throughout the United States obtain labor certifications under the
new system quickly and competently. For more detailed information on PERM or
your other immigration needs call (404) 885-7745 / (281) 265-2522 for a Free
Consultation. George R. Willy, P.C. offers free consultations to new clients
on Mondays in Atlanta and Thursdays in Houston.
