A recently released Department of Labor (DOL) memo from Emily Stover DeRocco, Assistant Secretary for Employment and Training, suggests that the long-awaited Program Electronic Review Management (PERM) rule could be published in the near future.  In a September 29, 2004 Memorandum to State Workforce Agency Administrators, Sec. DeRocco states that DOL is proceeding with plans that assume the final PERM rule will be published before the end of calendar year 2004 and will be operational within 60 days of publication.  This would mean that PERM would go into effect no later than March 1, 2005, and possibly much earlier. 

The 60 day implementation plan is a change for DOL, as the agency has consistently stated over the past year that PERM will have a 120 day implementation period.  Once the PERM program goes into effect, all labor certification applications must be filed under the PERM rules.  Cases filed under the existing regulations will be processed to completion, but no new cases will be accepted under the existing regulations after PERM becomes effective. 

While the DeRocco memo provides guidance as to when DOL anticipates launching PERM, it is still subject to budgetary and political concerns - PERM could be delayed by a failure of DOL to obtain approval for its annual budget before the end of the calendar year, or by a change in administrations.  Jackson & Hertogs will share more information about the PERM program, and how PERM will affect processing of existing cases at the SWAs, as it becomes available.

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