PERM Practice Pointers and Up
PERM Practice Pointers and Updates from the Department of Labor
By: Nicole C. Dillard, Esq.
The following are some recently reported updates regarding filing PERM applications to the Department of Labor.
n The USCIS has been defining “ten business days” to exclude Saturdays, Sundays and federal holidays, regardless of whether the employer is open for business on those days (i.e. a hospital). Therefore, unless or until the USCIS adopts a ore reasonable interpretation, all posting notices should be scheduled in compliance with the above-reference timeline in mind based on the USCIS’ definition of “ten business days.”
In a telephone conference with the John Beverly, Acting Chief, Division of Labor Certification, the American Immigration Lawyers Association (AILA) Liaison Committee conveyed some of the following problems that employers and attorneys are having with PERM :
n Some PERM cases are taking more than 90 days to be adjudicated
n Some PERM cases are denied on clearly erroneous grounds
n There are some PERM cases where no sponsorship verification has yet to be conducted at all
n There are some PERM cases where sponsorship questions were never received and the applications were denied for failure of the employer to respond to the sponsorship questions (this issue was previously addressed on Fan-law.com. See Department of Labor Reports Another “Glitch” in the System )
n The BEC cases with 45-day continuation letters problems including those where closures (of the cases) have occurred where continuation letters were never received by the employer or representative, closures where 45-days letters were actually sent, and closures where the reply time had not yet expired.
With regard to the BEC matters, the Department of Labor continued to be noncommittal in the resolution of those matters with respect to denials related to the handling and mishandling of 45-day continuation letters.
With regard to the PERM cases that have been pending for more than 90 days with no action, including those where there has been no sponsorship verification and those where sponsorship has been conducted, Mr. Beverly committed to having a response to AILA within the next week.
The AILA Liaison Committee asked the Department of Labor to update them on the procedures for dealing with motions to reconsider “clear error” denial, and to deal with appeals of substantive denials. Mr. Beverly stated that the procedures for processing appeals and motions have not yet been finalized, but that they would be within the next 4-6 weeks. A new FAQ (Frequently Asked Questions), issued by the DOL, would be forthcoming and will address these issues. Mr. Beverly also said that we would see some movement on PERM cases for which appeals and motions to reconsider have been filed. Stay tuned to our website as more information becomes available, and know that AILA immigration attorneys are working hard on your behalf to deal with the many inconsistencies and frustrations that you are confronted with. Attorneys at Fan, Fitzpatrick and Thompson LLP are AILA attorneys and we directly express your concerns to AILA committees on your behalf.
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