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Program Electronic Review Management or PERM processing is a method for processing alien employment certification applications with the US Department of Labor. The DOL says PERM processing should take 21 days. This is much faster than the DOL's current streamlined processing method, known as Reduction in Recruitment or RIR.
As of the date this article was last updated, PERM processing was not yet available.
From the minutes of a November 4, 2002, liaison meeting between the Department of Labor and the American Immigration Lawyers Association,the DOL reported that the PERM (Program Electronic Review Management) regulation is slowly working its way through the system. DOL said it was pushing to have the regulation in Office Management and Budget clearance by January, final regulations in April 2003, and to begin accepting PERM applications in July 2003. DOL did not clarify how the comments might change the proposed rule. This did not happen
From the minutes of a February 5, 2003, liaison meeting between the DOL and AILA, the DOL reported that the PERM regulation may be ready between April to July 2003, and the DOL expects to start accepting PERM-style processing applications in the Fall 2003.
As of a March 27, 2003, liaison meeting between representatives from the DOL and AILA, DOL expected to issue final PERM regulations in July 2003 and to begin accepting PERM applications in October 2003. DOL revealed that PERM applications are expected to be on-line forms, much like the H1B labor condition application processing that has worked so well.
As of a June 10, 2003, liaison meeting between representatives from the DOL and AILA, DOL stated that PERM regulations will be published in the late Fall 2003 and the DOL will begin accepting PERM applications by the end of the year.
As of October 28, 2003, the AILA liaison to DOL reported that DOL expects final PERM regulations by year end and the acceptance of PERM filings with DOL 120 days or less thereafter (e.g., March, April or May 2004).
As of November 21, 2003, AILA reports that the PERM regulation is not expected until early 2004. DOL expects that the regulation will take effect 120 days after its publication.
On January 22, 2004, the US Senate approved a spending measure that included the DOL budget. The measure still needs the President's signature, and the final PERM regulation will be sent to the OMB. It is expected to take about 90 days thereafter for the final regulations to be published in the Federal Register. The PERM program is predicted to start 120 days after publication of the final regulations.
On February 23, 2004, the DOL's final PERM regulation was sent to OMB, which has up to 90 days to review the regulation. At that stage, OMB can return the PERM regulation to DOL for further work or have it published as a final regulation.
On March 4, 2004, the following information was provided by the DOL at a liaison meeting with AILA. DOL considers the fact that the PERM regulation was sent to OMB on February 23, 2004, is a milestone and a significant accomplishment. OMB has up to 90 days to consider the regulation and can seek an extension. If OMB has substantial comments, DOL would need to consider and resolve any issues raised by OMB before the final rule is published. DOL anticipates that PERM will start 120 days after publication. There are funds in the budget to implement PERM. DOL did not say when the PERM regulations would be published. Before implementation, the PERM processing centers must be made operational with space secured, systems in place, staffing arranged, and policies established. DOL anticipated that there will be two PERM processing centers, located in Atlanta and Chicago, reporting to the national office. DOL says the agency remains committed to implementing PERM and believes that PERM is a major reform that will solve many problems in the existing foreign labor certification program. For example, two important goals of PERM are faster and more consistent adjudications. Between the publication and implementation of PERM, DOL will post information on its website explaining the PERM form, the process, and the differences between the NPRM and the final regulation.
Conversion of RIR cases to PERM.
The proposed PERM regulations permit pending RIR-style applications to be converted to the faster PERM-style processing. But conversion requires that theemployer document a pattern of PERM-style recruitment during the six monthperiod immediately preceding the conversion request. That means more advertisingand other recruitment efforts will be required.Employers with pending RIRapplications should evaluate the potential for faster certification underPERMagainst the costs of further recruitment.
How does the proposed PERM style recruiting compare to current recruiting under RIR?
Very well. It appears that employers that engage in the proposed PERM style recruiting now can submit applications for RIR processing, because proposed PERM recruiting meets current RIR requirements. Both require a pattern of recruitment during the six months immediately prior to filing and the proposed PERM rules identify more specific forms of recruitment, which are remarkably similar to what the DOL seems to be imposing on pending RIR applications. The added advantage in using proposed PERM recruitment now is that employers should also be able to file PERM applications more quickly when the new program starts.
Required Recruitment
The type of recruitment required depends on the requirements of the job. PERM imposes different requirements for jobs that require a professional, jobs that require a graduate degree or experience, and jobs with other requirements.
If the job requires a professional:
2 ads in the Sunday edition of the local newspaper with the largest general circulation in the area where the job is located. The ads must have at least 3 intervening Sundays and the last ad must be published no closer than 30 days before the date of filing the application with the DOL;
At least 3 of the following:
employer's web site;
job search web sites (e.g., the DOL's America's Job Bank www.ajb.dni.us);
recruiters;
professional or trade organization search;
job fairs; or
on-campus recruiting; and
On-site posting of job for 10 consecutive working days.
If the job requires a professional with an advanced degree (MS or PhD) or experience:
1 ad in the Sunday edition of the local newspaper with the largest general circulation in the area where the job is located;
1 ad in an appropriate professional or trade journal;
At least 3 of the following:
employer's web site;
job search web sites (e.g., the DOL's America's Job Bank;
recruiters;
professional or trade organization search;
job fairs; or
on-campus recruiting; and
On-site posting of job for 10 consecutive working days.
If the job requires a non-professional:
2 ads in the Sunday edition of the local newspaper with the largest general circulation in the area where the job is located. The ads must have at least 3 intervening Sundays and the last ad must be published no closer than 30 days before the date of filing the application with the DOL;
Place a 30 day job order with the appropriate State labor department; and
On-site posting of job for 10 consecutive working days.
More information about PERM will be published here when available.
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