DOL Releases PERM Statistics : FY2009
Posted Feb 13, 2009
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The U.S. Department of Labor (DOL) has issued statistics regarding the PERM labor certification processing. These statistics provide further insight into the backlogs and approval rates by the DOL on PERM cases. The summary is that there are over 50,000 PERM cases pending for processing and a substantial number of PERM cases are being audited by the DOL. Only about one in three cases is being approved or certified by the DOL. This stage of the permanent residency, or "green card," process is critical and an appreciation of its complexities and nuances will help both employers and employees to be better prepared.
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Current Situation
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The statistics reflect that the number of cases received in the last quarter of 2008 (October-December) far outweighed the number of cases resolved. The applications received totaled just over 20,700, and the completed cases for the same timeframe totaled 4,571. The DOL reports that about 53,200 pending PERM cases were with them as of the end of December 2008. Of these, 26 percent are undergoing audits. This type of backlog and high audit rate is consistent with the information provided to MurthyDotCom and MurthyBulletin readers in our January 23, 2009 article, PERM Processing Delays.
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Results : Lowered Approval Rate
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The DOL's released statistics reveal the number of filings received as well as the results of those filings, that were broken down as certified, denied, or withdrawn. The cumulative approval rate since the program began in March 2005 is 76 percent. The approval rate for the last quarter of calendar year 2008, however, was 67 percent. It is not clear if the change is a result of the economy or of additional auditing.
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This statistic emphasizes the need for qualified immigration advice in the PERM process. It is a complex, highly regulated procedure where, under these recent statistics, one-third of the cases receive denials. At the Murthy Law Firm, we have substantial experience with labor certifications, and the complex issues that may arise in these cases.
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Conclusion
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There is a lot of frustration among those who are waiting out the labor certification process. Knowing that one is not alone does not improve the situation, but the statistics make it clear that a delay does not indicate that a case is being singled out or overlooked. The statistics also make it clear that labor certifications are in no way a rubber-stamp process. The economy plays an key role in the availability of U.S. workers, as well. When a labor certification is appropriate, however, the right legal strategy and proper preparation will more likely lead to the desired certification.