The U.S. Department of Labor (DOL) recently posted two new Frequently Asked Questions (FAQ) documents, one relating to PERM, http://www.workforcesecurity.doleta.gov/foreign/pdf/perm_faqs_5-4-05.pdf, and another addressing processing of permanent cases at the two Backlog Processing Centers (BPCs) http://www.workforcesecurity.doleta.gov/foreign/pdf/backlog_faqs_5-2-05.pdf.

The latest PERM FAQ focuses primarily on how to file PERM cases for college and university teachers, as these applications are eligible for special procedures at DOL.  This PERM FAQ also confirms that employers must maintain supporting documentation for PERM filings for five years and that a State Workforce Agency (SWA) prevailing wage determination is required for college and university teachers as well as Schedule A occupations.  This is the third FAQ that DOL has issued on the PERM program.  For links to all DOL PERM FAQs, as well as additional information about PERM prepared by Jackson & Hertogs, please see our PERM page http://www.jackson-hertogs.com/process/perm.shtml. 

The Backlog Processing FAQ discusses several issues relating to processing of alien employment certifications (AECs) filed under the regulations in effect prior to PERM.  DOL confirms that it will have two processing tracks for pending AECs, one for Reduction in Recruitment (RIR) and one for Supervised Recruitment at each BPC.  DOL expects that RIR AECs will move more quickly, but they do not have any estimates for actual processing times.  DOL is still working to send out the Center Receipt Notification Letters (CRNLs) on the cases that have been transferred to the BPCs.  Due to the large volume of cases waiting for data entry, DOL has no estimate as to when individual cases will receive the CRNL.  DOL plans to post on its website the dates that SWAs and the DOL Regional Offices shipped cases to the BPCs, so that employers and beneficiaries will know when their files may have been transferred to the BPC.  DOL also reiterated its policy that they cannot expedite cases due to "age out" of a beneficiary's child.  For a link to the DOL Backlog Processing FAQ, and for additional information about labor certifications filed prior to March 28, 2005, please see our AEC page http://www.jackson-hertogs.com/index/aec.htm.

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