December 15, 2004 - The permanent labor certification process will soon undergo an historic change, as the Department of Labor (DOL) readies the final publication of the PERM labor certification regulation. OMB cleared the final regulation on December 10, and it is believed that the Secretary of Labor has already signed off on the regulation. Publication could occur in the next few days or weeks.

The new PERM program is expected to begin within 60 or more days from the date of publication. Once the PERM program officially begins on its effective date, the DOL will no longer accept applications for the current RIR or regular labor certification process; all new applications will have to comply with the new PERM requirements.

When proposed, PERM was promoted as a streamlined, attestation-based process that would greatly shorten the processing time of permanent labor certification. PERM is expected to require specific multiple types of recruitment to test the labor market for available qualified workers. Some rules of eligibility would also change, if the proposed regulation were followed in the final version. The final rule should also spell out whether there will be a procedure for converting pending applications to the new PERM process.

As soon as the final regulation is published, analysis of all its details will be undertaken. It is likely that most employers' labor certification programs will need to be adjusted to conform to the new program, and there will undoubtedly be many questions initially unanswered. Berry Appleman & Leiden will provide additional information as it becomes available.