The following is a DOL update on three topics of vital interest to our clients.

1. RIR: As we have previously reported in Spotlight and on 'News Stories' on our website, Region VI (the DOL region which has jurisdiction over labor certifications filed in California) had been automatically remanding pending RIR applications to local state employment offices for supervised recruitment without giving employers the opportunity to address any alleged deficiencies. The national Foreign Labor Certification Division of the DOL conducted meetings with lawyers representing the American Immigration Lawyers Association (AILA) in San Francisco over the summer.  Jackson & Hertogs hosted the meetings, and one of our partners, attorney Norman Plotkin, attended the meetings in his dual role as a member of the national AILA/DOL liaison committee and as Co-liaison to Region VI for AILA's Northern California Chapter.

As a result of these meetings, DOL has agreed to halt the RIR remands until a resolution is reached on RIR processing criteria.  It is expected that DOL would issue guidance to the field nationwide as to how to process RIR applications.  However, the much anticipated release of a field memorandum has been delayed. The latest report indicates that it will be promulgated in mid-November 2003.  It is important to note that DOL has previously set deadlines for issuing this memorandum but they have not met them. Therefore, although DOL states that it will be released in mid-November, it will likely be issued at a later date. The guidance will provide criteria for how the RIR applications will be processed and how DOL will handle new RIR filings.

2. PERM:  According to DOL projections, the PERM regulations will be published by the end of the year.  DOL has advised AILA that implementation of the program will probably occur 120 days after the regulations are published. DOL is planning on scheduling approximately four training sessions throughout the United States.  During this period, DOL will Beta test the PERM software.

3. BACKLOG REDUCTION: DOL is establishing two backlog reduction centers. One will be located in Philadelphia and the other will be in Dallas. They will replace the pilot backlog reduction center which was located in Gaithersburg, Maryland. Once a contractor is selected, the centers will be operational as the software is in place and required training was already completed in Gaithersburg.

 We will provide you with further updates as they become available.

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