The Department of Labor (DOL) on May 6, 2002 published a Notice of Proposed Rulemaking in the Federal Register for a revamped labor certification program. The new program, called "PERM," was proposed with the goal of creating a more streamlined system for certifying that there are no U.S. workers able, willing and qualified to fill a permanent position that is being offered to a foreign national. In response to the proposed rule making, the American Immigration Lawyers Association (AILA), many law firms (including Jackson & Hertogs) and as well as employers submitted comments. AILA recently followed up with the DOL regarding their progress in issuing a final or second proposed rule. According to DOL representatives, the PERM regulation is slowly working through the system.

DOL is in the process of analyzing the comments and is pushing to have the regulation in OMB clearance by January with an Interim Final Rule promulgated by July 2002. If/when the Interim Final Rule is published, it will contain an implementation date. DOL has also advised that they identified 10 major issues from the submitted comments and that these issues are in the process of being briefed in Policy Papers.

As we hear more, we will provide updates.

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