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PERM
All new labor certifications are now done through the process called PERM
(Program Electronic Review Management). PERM was implemented on March 28,
2005. A labor certification filed under PERM is expected to take only an
estimated 45 to 60 days to adjudicate with online filing, compared to months
and years under the former process.
The new system requires the employer to conduct recruitment before filing its application. Recruitment should be conducted at least 30 days but no more than 180 days prior to filing. Select cases may be scrutinized, for quality control and fraud purposes, in an audit process, and certain cases may be subject to supervised recruitment.
Schedule A (qualified physical therapists, professional nurses, or aliens
of exceptional ability in the performing arts, to include college and university
teachers) lists those occupations for which a determination by the Department
of Labor has been made that there are not sufficient US workers who are
able, willing, qualified, and available and the wages and working conditions
of US workers similarly employed will not be adversely affected by employment
of aliens in those occupations. An application for labor certification for
Schedule A occupations is not filed with the Department of Labor National
Processing Center but it is filed in duplicated with the appropriate Department
of Homeland Security office.
Disclaimer: The information contained on this website pertains to the law
and legal procedures in general. It is neither intended to give legal advice
for any specific case or situation, nor does it create an attorney-client
relationship.
Should you have any questions or concerns regarding the legal aspects of
your situation, you should seek legal advice from a professional immediately.
Our law firm does not warrant the accuracy or completeness of the information,
text, graphics, links or other items contained within these materials. We
shall not be liable for any special, indirect, incidental or consequential
damages, including without limitation, lost revenues or lost profits, which
may result from the use of or reliance on these materials.