The U.S. Department of Labor (DOL) recently released the performance results for the quarter ending June 30, 2009.

DOL's performance in the PERM program showed a small improvement from the preceding quarter; 17% of PERM cases were "completed" within six months of filing, as opposed to 11% in the previous quarter. A completed case means that either a certification, denial, or a withdrawal was issued - cases under review are not considered completed by DOL.

DOL's performance in the PERM program is drastically slower than a year earlier, when 94% of PERM cases were completed within six months of filing. DOL states that the decrease in processing is "due to the impact of increasing integrity activities in light of the declining economy and continued filings for positions where there are U.S. workers."

DOL also provided an update on the planned implementation of the new PERM form for the iCERT filing portal. DOL had originally planned to launch this form on September 1, 2009. The report now states that the new PERM system should be launched on July 1, 2010. DOL rolled out the iCERT portal in April 2009 for Labor Condition Application (LCA) filings.

DOL's performance numbers, as well as their reference to "integrity activities" suggest that PERM processing times will continue to be slow for the foreseeable future. Employers should be prepared for additional DOL scrutiny of PERM cases and be able to demonstrate a lack of available U.S. workers.

© 1999-2012, Jackson & Hertogs - All rights reserved