The U.S. Department of Labor (DOL) recently posted its performance results for the quarter ending on March 31, 2009. DOL reported that for the first quarter of 2009, it completed only 11 percent of all PERM cases within six months of filing. In the same quarter in 2008, DOL completed 77 percent of all PERM cases within six months of filing.

DOL indicates that the marked increase in PERM processing times is a result of "increasing integrity activities in light of the declining economy and continued filings for positions where there are US workers." While integrity activities are not defined in the report, these appear to be related to anti-fraud activities, such as employer verification, evaluating labor market availability and assessing whether a bona fide job opportunity exits. The increase in audit processing times may relate to the DOL integrity measures.

DOL's stated performance target for processing of PERM cases is completion of 92 percent of cases within six months of filing. The latest quarterly performance report suggests that this goal will be revised downward in the coming months, as DOL advises that it is developing new "baseline targets for an enhanced PERM performance measure and a new PERM integrity measure," to be implemented early in FY 2010.

Jackson & Hertogs will continue to track these developments at DOL, and will update clients as new information becomes available.

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