Practice Areas

PERM

Labor Certification | PERM Process

As of late March 2005, the Department of Labor (“DOL”) implemented a new means of obtaining labor certification, entitled PERM (“Program Electronic Review Management”). Shihab & Associates Co., LPA can help you become familiar with this new process. If you need assistance with online filing, RIR "conversion"; or have legal questions about the PERM application process, contact an immigration lawyer directly at Shihab & Associates Co., LPA.

PERM has shortened the labor certification approval process from two years (or more) to approximately six to eight weeks. In addition to the new electronic filing requirement, PERM incorporates many other changes, including:

• Pre-filing recruitment requirements;
• Preparation of a recruitment report, summarizing recruitment efforts and results;
• New prevailing wage determination procedures; and
• Placement of a “Job Order” with the local State Workforce Agency (“SWA”).

Fully understanding the implications of all the new regulations requires the professional knowledge and assistance of an immigration attorney. At Shihab & Associates Co., LPA, their team will work with you to assure compliance with, and effective conversion to, the new certification process.

Department of Labor Audits

Under the new PERM system, sponsoring employers may be subject to a Department of Labor (“DOL”) audit. In order to protect against being subject to a DOL audit, it is important to consult an immigration attorney from Shihab & Associates Co., LPA.

If you would like to take preventative action, or if you are the subject of an ongoing DOL audit, contact Shihab & Associates Co., LPA for a professional consultation regarding the safest way for your company to proceed.

Conversion to PERM

Old filings may be “converted” to the new PERM process, while successfully retaining the original filing date (“priority date”) through the help of Shihab & Associates Co., LPA. Doing so requires withdrawing the old filing and re-filing an identical application under PERM. Shihab & Associates Co., LPA can help your company effectively accomplish this complex task.

Common questions about the transition to PERM include:

• What is a Backlog Processing Center (“BPC”), and why has my application been sent there?
• I haven't received my "45 day letter" from the Backlog Processing Center. What should I do?
• What are the implications of withdrawing an application from the Backlog Processing Center and starting an electronic application through PERM?

Contact Shihab & Associates Co., LPA today for all of your PERM related questions.

Shihab & Associates Co., LPA