According to a notice posted today in the Federal Register, the Department of Labor is planning to publish a proposed new regulation in April 2016 to modernize the PERM labor certification process. The proposed regulation is part of an ongoing effort by DOL to update the PERM labor certification process to better align it with the way that employers currently recruit. The existing PERM regulation was implemented more than 10 years ago and DOL has not since updated the mandatory pre-filing labor market test. While DOL will not provide details about the content of the regulation until it is published, it is expected that there will be substantial changes to way employers are expected to conduct the labor market test. Other areas DOL may address by the regulation include prevailing wages improvements, what requirements will be viewed as normal for a position, how employers can correct typographical errors, and the potential for expedited processing of some PERM applications. Once DOL publishes the proposed regulation it will accept comments from the public and will then consider the comments before implementing a final regulation. SPS Immigration PLLC is actively monitoring DOL’s progress and will provide further updates once DOL releases the proposed regulation.
About the Author: Sarah Peterson
Immigration Lawyer and Policy Wonk committed to building relationships and providing superb client services. Specialties:Employment-based immigration law - For more, read Sarah's professional profile