Modernizing PERM on DOL’s Agenda
In November 2014, the White House released a Presidential Memorandum directing agency heads to make recommendations for improving the U.S. immigration system. In tandem with the release of President Obama’s November 21, 2014 Memorandum, Department of Homeland Security Secretary Jeh Johnson also issued a Memorandum dated November 20, 2014, instructing the U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement implement new policies and regulations designed to “support our country’s high-skilled businesses and workers by better enabling U.S. businesses to hire and retain highly skilled foreign-born workers while providing these workers with increased flexibility to make natural advancements with their current employers or seek similar opportunities elsewhere.”
In addition to the above documents, the U.S. Department of Labor (DoL) contemporaneously released a Fact Sheet wherein the DoL acknowledges it has not comprehensively examined or modified the permanent labor certification requirements and process (PERM) since its inception ten years ago. As a result, the existing PERM regulatory structure may not align with evolved industry recruitment methods resulting from advances in technology and information dissemination.
Upon such recognition, DoL announced its intent (in the Fact Sheet) to initiate a review of the PERM program and seek stakeholder input on points such as: identifying occupational shortages and surpluses; modernization of recruitment requirements to test the labor market; clarifying the employer’s obligations regarding PERM positions and U.S. workers; case processing timeframes; the possibility of premium processing; and, the feasibility for efficiently addressing nonmaterial errors.
More recently, the DoL published modernization of the PERM process as part of its regulatory agenda. Therein, DoL noticed engagement in rulemaking to consider options to administer the PERM program in a manner more responsive to changes in the national workforce, to further align the program design with the objectives of the immigration system and needs of workers and employers, and to enhance the integrity of the labor certification process.
Although much too early to celebrate, those familiar with the PERM application process should at least welcome the fact modernization of the PERM regulations is on DoL’s present agenda and is consistent with the thrust of the November 2014 memoranda by President Obama and Secretary Johnson. Sharma Law Offices will continue to monitor and report on material events relevant to DoL’s efforts in this regard.