The U.S. Department of Labor recently posted updated PERM processing dates.  DOL reports that as of May 31, 2010, it was processing the following PERM cases:

   Analyst Review:  August 2009 
   Audit Review:  May 2008 
   Standard Appeals:  December 2007
   Government Error Appeals:  Current

The Analyst Review and Audit Review queues moved forward one month; the other two categories were unchanged from March. 

Cases in “Analyst Review” are undergoing initial review – these are the cases for which DOL is currently issuing certifications and audit notices. While DOL reports that it is processing cases filed in August 2009, we are aware that cases filed as late as February 2010 have recently been processed at DOL.

Cases in “Audit Review” were issued audit notices by DOL, and the employer submitted an audit response to DOL for review. It is important to note that DOL uses the date of original filing (i.e., the priority date) to determine processing times for all PERM cases. For example, DOL is reviewing audit responses for PERM cases that were filed in April 2008 and earlier; however, the employer’s audit response may have been submitted several months after that date.

Cases in “Standard Appeals” are denied cases where either a request for reconsideration by DOL or a request for appellate review (i.e., an appeal) was submitted. DOL now forwards appeals directly to the Board of Alien Labor Certification Appeals (BALCA) for review; however, until late 2009, DOL was processing both reconsideration requests and appeals in the same queue, so the “Standard Appeals” queue includes both requests for reconsideration and appeals.

“Government Error Appeals” are appeals based solely on an error by DOL, i.e., cases denied for failure to respond to an audit, but the employer did in fact submit a timely audit response. While an employer may ask for its appeal to be considered under the government error queue, DOL is the sole arbiter in determining whether the decision was government error. If DOL does not find that the decision was erroneous, the case will move to the Standard Appeal queue for further processing.

DOL also advised that it has begun an effort to reduce its pending backlog of PERM cases. DOL’s goal for FY 2010 is to reduce the backlog by 50%. DOL states that if a pending application was filed more than three months prior to the reported processing month, an inquiry may be made on the status of the pending application. Whether a case is behind the processing times will depend on what processing queue the case is in at DOL. For example, under the DOL’s standards, a case filed in April 2009 would be overdue for initial Analyst Review (August 2009), but not overdue under the Audit Review (May 2008) processing date.

Jackson & Hertogs is monitoring the status of our pending PERM cases, and following up with DOL when cases are behind the reported processing times.

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