DOL Answers More Questions on PERM
Posted Mar 18, 2005
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U.S. Department of Labor (DOL) representatives met with a focus group of the American Immigration Lawyers Association (AILA) on March 11, 2005, to review the required PERM Form 9089. In that meeting, the DOL responded to items not addressed in the Frequently Asked Questions (FAQs) released by DOL on March 8, 2005. These FAQs were reported to MurthyDotCom and MurthyBulletin readers in our March 11, 2005 article, DOL Transition Watch : Clarity on PERM Issues, available on MurthyDotCom.
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Backlog Cases  The DOL hopes to have all backlog cases transferred to the Backlog Processing Centers (BPCs) by the end of the fiscal year, September 30, 2005. The goal continues to be the processing of all backlog cases within 24 to 30 months.
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SWA Filing Receipts  The DOL is examining alternatives for handling State Workforce Agencies (SWAs) that do not issue receipts for filings under the non-PERM system. These receipts are essential for those in H1B status, trying to obtain one-year incremental extensions of that status beyond the six years.
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Identical-Filing Issues  On the need for an identical filing in order to be allowed to "convert" a pre-PERM filing to a PERM case, there are data on some of the pre-PERM filings that do not appear to transfer easily to the new Form 9089. This is a significant problem for those trying to file an identical PERM case, which is required to preserve the original priority date from the pre-PERM case. The DOL is aware of this, but as yet does not have guidance available. The DOL has indicated that the cases at the BPCs may be amended when responding to the 45-day letter issued by the DOL. Therefore, if concerned that the cases are not identical, an employer may wish to amend the pre-PERM case and then file the new PERM case.
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Online System  Use of the online eFiling system is not permitted without registering beforehand. The employer, and not the employer's attorney, must register. Once the employer is registered, however, there may be a sub-account established under the employer for the attorney. The employer is required to attest to certain terms and conditions in order to register. The DOL will be providing these terms and conditions to AILA so that immigration attorneys may advise their employer-clients prior to registration. The eFiling program will have mechanisms to permit an employer to file for beneficiaries who have the same name.
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The DOL will mail the certified PERM application to the attorney and a copy to the employer. Cases can be tracked on the online system while they are in progress. When an application is filed electronically there is a confirmation page that can be used as a receipt. Currently, the page does not have the beneficiary's name, though the DOL may change this.
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Mail-In Process  If an application is submitted by mail, the data then will be entered into the electronically-filed system. This means that there is no way to use the mail system to try to add information that will not fit on the eForm. Mailed applications must be signed before they are sent. They will be rejected if they are filed incorrectly. The DOL expects the mailed forms to take longer to process so they are recommending eFiling for all cases.
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At The Law Office of Sheela Murthy, P.C., we continue to follow the PERM transition closely and will update MurthyDotCom and MurthyBulletin readers as more information becomes available.