The Department of Labor (DOL) recently published the rules for Program Electronic Review Management Her (Perm) program after two years. The regulation will take effect on March 28, 2005.
February 16, 2005- The Department of Labor (DOL) recently published rules for its Program Electronic Review Management (Perm) program after two years. The regulation will take effect on March 28, 2005.
Perm rules were first proposed in May 2002. They were created to help streamline residency certification, thus providing an answer to the current labor certification backlog.
Perm is an electronic process that will be used for filing and processing of labor certification applications for permanent employment-based immigration.
One of the most important changes in the process, under the new rules Perm, was 45 to 60-day-period processing in electronic applications submitted through Perm. This means that the DOL expects to drill will be made within 45-60 days. The current situation may take up to three (3) years of production for labor certification applications. With the new rules Perm, DOL states that it will certainly speed up the process and provide ways to get the current backlog done in no time.
Employers will be able to file electronically through the website dol when the rule takes effect in March. In addition, employers can also file labor certification program by sending them directly to the central processing center available. A registration can be viewed at http://www.workforcesecurity.doleta.gov/foreign
Some of the key features of the new permanent regulations are :.
1. The employer must pay the sponsored employee 100% of the prevailing wage for the position determined by the DOL.
2. The employer shall provide the following requirements for the recruitment of: (a) commercial two Sunday newspaper editions; (b) undertake at least three additional means of recruitment as an alternate form of advertising. For positions that require experience and an advanced degree, the employer is advised to replace the ad in the national journal or publication in a Sunday newspaper ad; and (c) contacting the 30-day series of work for DOL available position.
3. The employer must provide the implementation of recruitment for disqualifying candidates, layoffs and auditing, among others.
4. An employer with 10 or fewer workers will have to prove the family relationship between employees and sponsors employee.
5. The DOL may question whether the position is open to us workers if the employee is “necessary” to pay legal fees.
6. Employers may reduce again file Labor Certification applications, while preserving the original filing. However, the program turns out to not have “as a job opportunity” will be withdrawn and re-submitted a new filing.