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Current Status of Permanent Labor Certifications for Immigrants

According to recent statistics and audits by the United States Department of Labor, Employment and Training Administration (DOLETA), the permanent labor certifications program (PERM) is moving at a slow pace. The PERM process has traditionally been a highly bureaucratic affair due to the number of government agencies involved, and recent rulings and decisions made by the Board of Alien Labor Certification Appeals (BALCA) underscore just how difficult the process has become.

How the PERM Process Works

When a United States-based business finds a need to hire foreign workers, the employers must first do some research into PERM. For more information about permanent employment immigration in San Diego, click here. The vacancy has to be created in accordance to qualifying criteria set forth by DOLETA. This is the first step, which is accomplished by completing the correct form.

Filing PERM requests involve submitting supporting documentation such as resumes, advertisements, job descriptions and an acknowledgment that the wages intended to be paid are equal of greater than those typically offered for the position.

The second step of the process involves recognition of the compliance matters that are created by PERM. The request form, attachments, disclosures, and signed affidavits are then sent to a specific DOLETA office.

Processing Times and Approval Rates

The PERM process workflow above may read as a simple affair, but DOLETA statistics indicate otherwise. According to the American Immigration Lawyers Association, about half of all PERM requests are audited. In turn, 50 percent of audited requests are denied. This makes for a 25 percent denial rate.

If a PERM request is not audited, it will continue the process and hopefully receive an approval within six months. If it is audited, however, it may take 12 months to be approved or denied. BALCA decisions are not helping in this regard; in fact, many employers are found skirting the rules and making mistakes. For this reason, employers should strongly consider retaining counsel when it comes to filing a PERM request or for filing employment sponsored petitions in San Diego.

Still have questions about PERM? Contact the immigration lawyers at KS Visa Law. Our team of San Diego immigration lawyers will be more than happy to assist you and can also any other questions relating to your specific case or paperwork. To schedule a free consultation, call 858-874-0711 today.

April 2024