The PERM labor certification (PERM LC) program could be seeing some changes to its procedure after nearly ten years with little review. It is hard to say whether the changes will be big or small, but it is important to know that they will be some time away. The executive order signed by President Obama required the Department of Labor review the current procedure for potential updates before any regulations are drafted.
Understanding the PERM program
For those seeking a green card in the U.S., PERM LC is the starting point. The PERM LC application is filed by an employer to demonstrate that they have not been able to find a qualified, able, willing and available workers native to the United States for a particular position. Completing this labor certification is a step toward filing an I-140 Immigrant Petition.
Department Of Labor Trying to Keep up with the Times
Unfortunately, this process of filing the certifications has not been updated in the near decade since it was enacted. Recently, the Department of Labor admitted it had not done a comprehensive examination of the process since it was put into place in 2005 to determine where it worked and where there was room for improvement. The agency noted that even in just those 10 years, a great deal had changed when it came to business needs, technological developments, and the way that new employees are hired.
Department of Labor is Looking for Tips
The Department of Labor will be looking for input as it tries to bring the PERM LC program up-to-date. All factors of the program are up for potential improvement, but the Department of Labor is seeking information on a few aspects in particular:
- Means for recognizing the shortages and surpluses in certain fields and synchronizing that information
- Ways to bring the recruitment requirements up-to-date
- Improving the timeframe for processing and allowing for premium processing
- Changes to the submission process and how the department reviews applications
- Improvements to how the agency addresses errors, particularly minor ones
No Immigration Changes Immediately
PERM is only looking for potential changes at this time, but no adjustments have been or will be made to the program soon. The executive order required only that the Department of Labor review the current process and look into potential ways to improve the program and keep its operations up with the times. Any changes will come after an extensive process of fact-finding, suggestion gathering, and rule-making process.
The PERM Program could be looking at a major overhaul after almost ten years running without careful review. The recent executive order signed by President Obama requires the Department of Labor to review the current program and to search for possible improvements. However, these changes are some time off and will likely follow a period of information- and suggestion-gathering before regulations are drafted and put into place.
Beeraj Patel, Esq.
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