PERM: The new labor certification system

On December 27, 2004, the U.S. Department of Labor (DOL) released the final rule on a new online labor certification system called PERM.  The purpose of PERM is to address the criticism that the current labor certification system is too complicated and time-consuming, resulting in a large number of backlogged cases.  Under PERM, the processing time of labor certification petitions will be substantially reduced; cases not selected for review and audit are expected to be approved within 45 to 60 days.

The main features of the new PERM system are: (1) Employers will be able to file labor certification petitions online; (2) Employers will not need to provide supporting documentation with the petitions but only keep them in file for inspection and audit; (3) most cases are expected to be processed within 45 to 60 days; and (4) processing of the cases will be managed by two regional US Department of Labor offices rather than the State Workforce Agencies (SWA) which will only deal with the prevailing wage determinations.

The effective day of PERM is 90 days from the publication of the final rule, i.e., March 27, 2005.  Applications filed before that date will be processed under the old labor certification system.  Conversion to the new system is possible only if recruiting has not yet been done.  This means that the Reduction in Recruitment cases (RIR) will not be eligible for conversion.  If recruiting has not yet been done, the employer may elect to withdraw the pending application, re-file within 210 days under PERM and still retain the priority date established from first application.  For RIR cases, Employers may withdraw and applications and re-file under PERM; however, the initial priority date will be lost. 

 Recruiting requirements have also been somewhat changed.  Between 30 days and 180 days prior to the filing of the petition, the employer must place a job order with the SWA and run two newspaper ads in Sunday papers.  Employers of professionals may choose to advertise in a trade or professional journals instead of Sunday papers.  In addition, employers of professionals must also conduct three other types of recruitment including:

•  job fairs

• employer’s website

• job search website other than the employer’s

• on-campus recruiting (if the job requires a degree but no experience)

• trade or professional organizations

• private employment firms

• employee referral program with incentives

• campus placement offices

• local and ethnic newspapers

• radio and television advertising

 It should be noted that only one of the three additional steps may be conducted within 30 days of the filing of the labor certification petition. 

 For more information about the new PERM system, please contact our office at 732-632-9888.

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