Savitz Law Offices, P.C.

6 Beacon Street 

Suite 900 

Boston, MA 02108 

Telephone: (617) 723-7111 

Fax: (617) 723-7171 

Labor Certification News Flash

New Department of Labor Regulations
Overhaul Labor Certification System!

The Department of Labor (DOL) published new regulations concerning the Labor Certification system (required to obtain an employment-based “Green Card”), which went into effect on  March 28, 2005.  These regulations completely overhauled the process for preparing and filing Labor Certification applications.

The most significant changes concern the requirements for the Labor Certification recruitment process.  While in the past there were two options (Supervised Recruitment or Reduction in Recruitment), there is now only one system by which a Labor Certification can be obtained.  This new system is called Program Electronic Review Management (“PERM”).  Under PERM, the employer is required to conduct recruitment using multiple sources (newspaper, Internet, etc.) that includes the company name and a specific job description; and post an internal notice announcing the filing (including the salary) at the worksite and in any in-house media.  The employer then must file an extensive, newly created application with the DOL attesting to not only the recruitment, but also attesting to having complied with numerous other requirements prior to the filing.  A computer system then checks the application to screen for any “red flags.”  Those applications that raise red flags or are randomly selected are audited.

Changes have also been made to the positions and beneficiaries that are eligible for Labor Certification.  Labor Certification applications which are no longer eligible under PERM include those which: pay less than 100% of a Prevailing Wage that is assigned by the DOL prior to filing; and include an employee who has had influence over the position he or she holds (e.g. a high level manager).

Labor Certification applications filed under the previous system may be able to be “converted” to the PERM system if it is more advantageous.  However, the DOL has indicated that this option will only be available if the application filed under the PERM system is identical to the one that was filed under the previous system.  Moreover, there are numerous factors to consider when determining whether converting an eligible application to the PERM system is actually advantageous.

In order to evaluate the best way to proceed with a Labor Certification application in light of PERM, please call me to discuss your options.

For more information on recent changes to the Labor Certification and Green Card Process, please visit the Information Center page.