DOL Acknowledges Problems with PERM and pre-PERM Cases
Posted Feb 10, 2006
©MurthyDotCom
The American Immigration Lawyers Association (AILA) is working diligently with the U.S. Department of Labor (DOL) to resolve ongoing problems with both PERM and pre-PERM labor certification case processing. AILA sent more than 700 examples of PERM and pre-PERM cases with problems to the DOL, which is looking into a variety of matters. These issues include (but are not limited to): PERM cases taking over 90 days; PERM cases for which the employer verification request has not been sent; closures of pre-PERM cases for failure to respond to the 45-day letter when the 45-day letter was never received by either the employer or the attorney; and closures of pre-PERM cases for which a response to the 45-day letter was properly sent.
©MurthyDotCom
PERM Approvals Without Forms
©MurthyDotCom
There were some PERM approvals issued by the Chicago PERM center in January 2006 for which the approval letter was sent but the certified PERM application was not. While some of these went to the employers instead of the attorneys of record, the DOL believes that there are instances where neither the employers nor the attorneys received the complete certified PERM application. In such a case, the U.S. Citizenship and Immigration Services (USCIS) will accept the PERM approval letter along with a request to contact DOL through internal, government channels to request a copy of the PERM application. The USCIS appears to be following up on those I-140 cases requiring attention. This topic is addressed further in DOL Error Causes Missing PERM Approvals, article #4 in this week's MurthyBulletin.
©MurthyDotCom
Other PERM Concerns
©MurthyDotCom
The DOL promised to respond regarding the matter of PERM cases pending more than 90 days. Some of these cases have not had sponsorship verification. We will update MurthyDotCom and MurthyBulletin readers once the DOL provides a response on this issue.
©MurthyDotCom
The DOL stated that they will publish a set of FAQs within the next four to six weeks. The purpose of these will be to address topics that pertain to PERM denials, both "clear error" denials and substantive denials.
©MurthyDotCom
No concrete resolution was reached regarding problems stemming from the 45-day letters. The DOL did suggest a future "solution-finding" meeting to include AILA representatives.
©MurthyDotCom
Conclusion
©MurthyDotCom
The DOL's efforts to resolve issues surrounding PERM and pre-PERM cases are appreciated. We note that, while there are still some solutions to be found, many PERM cases are going through the system smoothly, and we at the Murthy Law Firm consistently receive both PERM and pre-PERM approvals. In light of retrogression, it is impractical for many individuals to put off filing until all of the kinks in the PERM system have been straightened out. MurthyDotCom and MurthyBulletin readers should watch for our updates on these matters as the DOL works to resolve problems with the labor certification (LC) processing system - under PERM as well as the regular LC and reduction in recruitment (RIR) systems.