Recent Challenges with the PERM Labor Certification Process

Recent layoffs have made obtaining PERM certification much more challenging than in the past. If there is a layoff in the area of intended employment, PERM regulations require that the employer notify and consider all potentially qualified laid off workers in the occupation or related occupation. 20 C.F.R. § 656.17(k)(1). Moreover, the employer must disclose the layoffs to the Department of Labor when filing the PERM application.

If, during the recruitment phase of the PERM process, just one minimally qualified US worker applies for the open position and cannot be disqualified, the PERM will fail, assuming there is only one opening. Therefore it is imperative to plan ahead and determine exactly which laid off workers must be notified.

On January 29, 2009 the Department of Labor (DOL) provided an update on PERM approval rates and audits. Since the start of the PERM program in 2005, 224,000 PERM applications have been filed and 68,674 of those applications were either withdrawn or denied. This is an overall approval rate of 69%. Additionally, the DOL noted that 26% of currently processed cases were being audited.

Posted on February 25, 2009 at 11:37 pm by Immigration Lawyer Peter Messersmith · Permalink
In: Labor Certification, PERM · Tagged with: ,

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