The U.S. Department of Labor recently posted updated PERM processing dates.  DOL reports that as of August 22, 2011, it was processing the following PERM cases:

   Analyst Review:  May 2011 
   Audits:  December 2010 
   Requests for Reconsideration:  January 2009
   Government Error Reconsiderations:  Current

Cases in “Analyst Review” are undergoing initial review – these are the cases for which DOL is currently issuing certifications and audit notices.

Cases in “Audit” 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 December 2010 and earlier; however, the employer’s audit response may have been submitted several months after that date. 

Cases in “Requests for Reconsideration” are denied cases where either a request for reconsideration by DOL or a request for appellate review (i.e., an appeal) was submitted.  DOL forwards appeals directly to the Board of Alien Labor Certification Appeals (BALCA) for review upon receipt.  Requests for reconsideration by the Certifying Officer are reviewed by date of initial filing, not by date of receipt of the request note that DOL previously referred to these cases as “appeals”, but renamed the category to better describe the types of cases being reviewed.

“Government Error Reconsiderations” are requests for review of denials 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 request to be considered under government error, DOL is the sole arbiter in determining whether the decision was government error.  If DOL does not find that the decision is reversible due to government error, the case will move to the Requests for Reconsideration queue for further processing.  DOL has previously advised that if no decision is issued within 45 days of submitting a government error request for review, the employer should assume that government error was not found, and the case has moved to the standard request for reconsideration queue for processing.

Inquiries and Follow up: DOL advises 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 January 2011 would be overdue for initial Analyst Review (May 2011), but not overdue under the Audit Review (December 2010) 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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