The streamlined labor certification process, the Program Electronic Review Management (PERM) program, will take into effect March 28, 2005, the US Department of Labor recently announced when it published the final regulations of the system that would dramatically reduce labor certification processing times.

The DOL said they implemented PERM to alleviate labor certification backlogs currently pending with their department. Ideally, PERM petitions could be adjudicated in 21 days. However, because of the expected volume of new filings and re-filings and consequent backlog, it is expected that DOL will be processing PERM for 45-60 days.

The reduction in the adjudication process is good news to those who are seeking to become permanent residents, or green card holders, of the United States. Labor certification is the first step to applying for permanent residence based on employment. Under the traditional method, processing can take four to five years while those filed under the expedited program is currently taking two years. That is why, with an estimated 45-60 days processing, both employers and nonresidents are rejoicing. The new program significantly reduces paperwork and allows for prompt approval or rejection of requests for labor certifications.

Clients should be aware that re-filing using the original priority dates will be deemed by the Immigration Services to be a withdrawal of the original applications, regardless of the fact that employer requests to use original priority dates are approved. This means, there is no way for an employer to know if the conversion request will be accepted or if the previously filed petitions were [even] in compliance with PERM regulations. If the re-filed PERM is rejected, the original priority date is gone and you also have to start the labor certification process again.

However, while DOL’s news has been positive, the problem we have now is with the Department of State, which has just published a visa bulletin that shows the retrogression of visas for Unskilled Workers, on top of the current delay in the processing of visa petitions for skilled and professional workers. According to the Bulletin, as of March 1, 2005, priority dates for Unskilled Workers will be July 1, 2001, while for skilled and professional workers, the cut-off date will be March 1, 2002. [See Visa Bulletin]

Unskilled Workers are nonimmigrants who are being sponsored for a position that requires less than two years experience or less than a Bachelor’s degree. The most common types of positions that fall under the Unskilled Worker category are Nurse Aides, Caregivers, Nannies and Household Workers. The visa retrogression for the Unskilled Workers category applies to all nationalities.

However, the visa retrogression for Skilled Workers and Professionals category apply only to those born in the Philippines, mainland-China and India. The DOS is the federal agency authorized to issue a maximum number of visas each year. For more questions about PERM, call us at the Law Offices of James G. Beirne [Asian American Legal Center] (818) 552-4500 or (562) 865-4480. Get free legal advice on how to ensure that your labor certification application under PERM is properly filed and approval.