The Department of Labor (DOL) recently increased enforcement of the existing regulations involved in filing Program Electronic Review Management (PERM) labor certification applications to help further reduce any fraudulent activity or misuse of the process. In addition, the DOL announced plans to introduce new measures in the coming months that would impact employers who hire foreign nationals to work in the United States.

Labor certification - a key stage of the more commonly referred to employment-based "Green Card process - requires specific recruitment activities on behalf of the employer to demonstrate the need to hire a foreign applicant. Issued by the DOL, a permanent labor certification is the first step in the process allowing an employer to hire a foreign worker for permanent employment in the U.S.

Outlined below are expected revisions and recommendations for employers to ensure they can successfully prepare for the impact of such changes:


1. Increase in PERM Audits: Both targeted and random PERM audits, as well as supervised recruitment, are expected to increase possibly resulting in the audit of one of every two PERM applications. PERM audits require additional information outlining the actual minimum requirements of a position, the associated recruitment effort or other outside issues that may impact the application. Audits must be responded to within 30 days and can significantly extend the adjudication process.

Recommendation: Document all case and recruitment activity - Monitoring and tracking multiple forms, recruitment activities and filing deadlines are crucial steps in filing a successful PERM application. In addition, access to documented case and recruitment history is critical if an application is selected for audit. Find a legal services provider that leverages technology to deliver real-time access to recruitment activity summaries and centralized document tracking capabilities.


2. Fraud Unit: The DOL will create a fraud unit that uses data mining software to uncover inconsistencies in recruitment activities by comparing the stated job requirements across all positions for which a company files a PERM application. The goal is to identify employers who do not recruit with consistent requirements for a position and instead tailor these to a foreign worker's personal qualifications.

Recommendation: Ensure consistency across all application and recruitment activities - Employers should take the necessary steps to ensure they conduct coordinated and consistent recruitment activities for all PERM applications. The DOL's incorporation of data mining software will prioritize the importance of regularity on behalf of employers and should further reduce any fraudulent use of the labor certification process. Incorporating online recruitment management tools, employers can electronically maintain and store the job requirements for all positions, providing transparency and certain compliance.


3. New PERM/Labor Condition Application Portal: The DOL plans to introduce a new PERM/Labor Condition Application portal on Jan. 1, 2009, to allow for easier comparison of job requirements across PERM and H-1B cases to identify inconsistencies.

Recommendation: Plan for continued increases in DOL enforcement activities - Following the failure of Comprehensive Immigration Reform measures in recent years, the DOL and United States Citizenship and Immigration Services (USCIS) have taken additional steps to enforce the current U.S. immigration policies. As the global hiring environment continues to expand, these agencies will likely shift their focus to enforcement of various immigration programs until a workable reform solution can be implemented addressing the entire system. Employers should prepare for the continued introduction of more advanced monitoring measures as additional technological solutions are incorporated into these enforcement activities.





To learn more, please visit www.visanow.com or contact us as info@visanow.com.


VISANOW has redefined the way immigration services are delivered with a process that consistently provides faster responses, allows greater access to information and increases efficiencies. Since 1998, VISANOW has combined superior client support and innovative technology designed to simplify the immigration process for corporations and their foreign employees.