New PERM Filing System

The DOL’s new FLAG system for the submission of PERM applications (Labor Certification Applications) goes into effect on June 1, 2023. Applications may no longer be filed under the old system. Practitioners expect there to be many “glitches” and “Oh ! We didn’t think about that” but, are optimistic that the system will be much… Continue reading New PERM Filing System


Ever curious about PERM data ? The DOL releases a performance report each quarter. For 1stQ FY2023, they released data that showed audits and denial rates of under 10%. The data also helps to explain why the process is continuing to slow because they received over 40,000 applications but, only processed approx. 25,000.

Improvements to PERM ?

The DOL recently announced a $7.2 million dollar investment to improve the PERM system. The improvements focus on the areas of cybersecurity and technology upgrades. Many of us would love to see some automation, particularly in the area of Prevailing Wage Determinations (PWDs) Why should it take 7 months to determine the correct occupation for… Continue reading Improvements to PERM ?

DOJ vs. Facebook

Recently, the DOJ has filed a lawsuit against Facebook over its PERM program. At its core, the complaint alleges that Facebook did not advertise as effectively or recruit as aggressively for its positions associated with PERM applications as it did for other openings. An excerpt from the press release is telling: “In its investigation, the… Continue reading DOJ vs. Facebook

DOL releases PERM data

The DOL recently released FY 2017 2nd Q PERM data. Note that the denial rate has increased slightly and over 25% of cases are either under audit or appeal.

PERM Modernization Rule Discarded

On December 19th, the Office of Foreign Labor Certification (“OFLC”) posted a FAQ that stated that it has withdrawn the PERM modernization rule that had been submitted to the Office of Management and Budget. No details were provided about why this rule was withdrawn. However, OFLC has confirmed that it is dedicated to streamlining and… Continue reading PERM Modernization Rule Discarded

DOL Halts PERM Denials Based upon “Competitive Salary”

The American Immigration Lawyers Association (“AILA”) recently meet with the Department of Labor’s Office of Foreign Labor Certification (“OFLC”) for its quarterly stakeholder meeting. In this meeting, the OFLC informed AILA that it had suspended denying cases on the basis that the recruitment stated that a “competitive salary” was offered or that salary “depends on… Continue reading DOL Halts PERM Denials Based upon “Competitive Salary”

BALCA Reverses Denial based on “Competitive Salary”

Many employers have been frustrated by the DOL’s decision to deny labor certifications where an employer used the language of “competitive salary” or “depends on experience” in portions of their recruitment. The Board of Alien Labor Certification Appeals (“BALCA”) provided a decision in Matter of TEK Services LLC that may assist employers in fighting against… Continue reading BALCA Reverses Denial based on “Competitive Salary”

Don’t take a chance when filing a PERM case.

The Board of Alien Labor Certification Appeals (BALCA) recently ordered a PERM Labor Certification application to be certified following the Certifying Officer’s denial due to a salary range mismatch between the PERM application and the Notice of Filing. In re Institute for Environmental Health, Inc., 2013-PERM-01963 (BALCA 2016) involved the classic PERM situation where a… Continue reading Don’t take a chance when filing a PERM case.