Applications for Permanent Labor Certification (PERM) continue to face intense scrutiny, increased audits and denials by the Department of Labor (DOL). Recent decisions by the Board of Alien Labor Certification Appeals (BALCA) highlight the importance of exactness and constant awareness of trends at the DOL. Although there have been no revisions to the regulations, changes in adjudication standards have resulted in a significant increase in audits and denials. Additionally, processing times are only getting longer at the DOL. This means that cases must be started earlier and earlier to satisfy H-1B and other expiration dates.

Background on PERM Process

The PERM labor certification process is the first step for most employers sponsoring foreign national employees under an employment-based permanent residence process. With the PERM process, the company must conduct recruitment and prove to the DOL that there are no willing, able, available and interested U.S. workers for the position recruited for and outlined in the PERM labor certification application filed with the DOL. The company must conduct necessary PERM recruitment through newspaper ads, Internet postings, a posting with the state job bank, internal and in-house media postings at the company, and other recruitment sources as outlined under the rules of this process.

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