DOL Releases PERM Statistics for FY2008
October 27, 2008
The Department of Labor (DOL) released selected statistics for FY2008 for the PERM labor certification program. PERM labor certification is the first step in the green card process for most employment-based green card applications. This application requires the employer to conduct a good faith test of the labor market to determine if there are any qualified, willing, and available U.S. citizen workers for the job offered by the petitioning employer.
Unlike U.S. Citizenship and Immigration Services (USCIS), the DOL does not publish official statistics or processing times for pending PERM labor certification applications on their official website, but has previously announced that processing times for PERM labor certification approvals has slowed significantly over the past several months.
Highlights from the DOL release:
T&S Comment: The DOL has substantially increased the percentage of cases for which audits are being required, thus creating a backlog in the number of pending cases and increasing the length of time required for PERM certification. The DOL has increased scrutiny of PERM applications in cases for which the agency feels that the job requirements exceed what the DOL considers to be normal for the occupation. Employers should continue to be aware that the potential for audit (and therefore processing delays) is still very high and are urged to start the permanent residency process for their employees as soon as possible. Tafapolsky & Smith will continue to monitor the progress of the PERM backlog at the DOL and report any new developments that may affect the processing of their cases.