PERM Filings – Some Problems Still Exist

The American Immigration Lawyers Association (AILA) reported this week that many of its members are still experiencing problems with the PERM online filing system. Many attorneys have been reporting that some of their cases that had been showing on the status screens as “denied” have now switched to “review pending,” “audit” or some other status reflecting that the case is no longer denied. On the other hand, other attorneys who previously saw “review” or “audit” statuses are now reporting screens that indicate “denied”. Still others report that previous “denied” screens have not changed. In response to AILA’s inquiries about this to the U.S. Department of Labor (DOL), officials of the DOL stated all the issues with the PERM system’s decision matrix have not been fixed yet, but the DOL is working to rectify the situation. The DOL stated that it will notify AILA when the changes are implemented and asked that attorneys and their clients be patient and not re-submit their applications.

Moreover, AILA also asked DOL to clarify how the PERM system counts regulatory time periods. The DOL provided AILA with the following information:

• There are two types of calculations performed by the Perm system: Time Period Calculations and Time Line Calculations.

• Time Period Calculations are those verifying the number of days an activity took place (an example would be verifying that a job order ran for 30 days). When calculating Time Periods, the day the event occurred is counted as day one and the last day of the event is included in the count.

• Time Line Calculations are those verifying the number of days prior to or after an event (an example of this is verifying the advertisements did not run less than 30 days or more than 180 days from the date of filing). When calculating Time Lines, the day the event occurred is not counted. The next date is counted as day one and the last day of the event is included in the count.”

Based on the above information, it is important for petitioners and their attorney’s to make sure that their applications meet these time period and time line calculations in order to avoid a denial. Please refer to our May 2, 2005 posting regarding PERM denials for more information on this topic.

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