Earthquake In Labor Certs
On September 29, 2004, the Assistant Secretary of the Employment and Training Administration of the Department of Labor issued "FY 2005 Transition Guidance" (the TG). This document marks the biggest change in labor certification practice and policy in a quarter century. This will have much bigger impact than GAL 1-97. We reproduce below key excerpts with our brief comments.
Labor certification issues will be discussed at the final session of "Preparing for PERM with Joel Stewart" on November 4th. More information can be found be here. To read the entire text of the TG and all its attachments, see here.
- "We are proceeding with plans that assume the final PERM regulation will be published before the end of calendar year 2004 and the new program will be operational within 60 days of publication." (TG at page 1) Comment: Note the change in operational time for PERM from 120 days to 60 days.
- "In the event the PERM regulation is not published, we have developed [a] contingency plan ... [The Atlanta and Chicago] national centers are expected to operational by the end of this calendar year." (TG at page 1-2) Comment: Note that ETA intends to centralize and federalize labor certification processing within the next few months, regardless of whether PERM is published or not.
- "[S]tates should adjust their staffing levels." (TG at page 4) Comment: Most SWA labor cert employees will be out of a job within the next several months.
- "ETA believes that the national processsing of backlogged permanent labor certifcation cases using the first-in, first-out (FIFO) principle, regardless of the location where the case was originally filed, is an equitable and fair approach to all applicants." (TG Attachment 1 at page 1) Comment: What this means is that early next year, the only labor certification applications that will be actively processed will be those from the severely backlogged states such as California, New York, and New Jersey. Labor certification application processing for the majority of states, especially the smaller states, will likely come to a halt for a one or two-year period beginning early next year while the backlogs of the larger states are worked down according to the FIFO rule.
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I would have to agree with Mr. Murray, Esq. on the subject. There is such a
thing as having 2 jobs and keeping them seperate. I would have no problems
hiring a CIS contracted employee as a paralegal. If "Name Withheld by
Request" has a serious problem with ethics, "Name Withheld by Request"
should not to be a chicken and say so. Dont hide behind it. This is a
country were we do have the freedom of speech. Opinions are opinions.
San Bernardino, CA
I am paying attention to the PERM regulation. Could you give me update information about PERM from OMB, DOL or AILA? Could you confirm whether or not OMB has completed its review of PERM? When DOL will publicate PERM regulation on Federal Register?
We are looking for any info on how to locate documentation on a specific lawyer who was found to be guilty of taking 100's of illegal Mexican's dollars and fraudulant practices.
Ken and Jan Stottler
Americans are not able to compete on a level playing field, be it advanced degree holders or agricultural workers, as long as the employer controls the ability of the worker to remain in this country. The possibility of a green card is held out by the company as part of the compensation it can offer and has a very real value to the employee. The green card is actually a government subsidy to companies, and puts American workers at a disadvantage because they don't need one. Foreign graduate students that come to this country, particularly those in the sciences, are willing to take the grunt academic jobs because they hope to get green cards. American students place no value on the green card, and face an opportunity cost in pursuing a science graduate degree. Immigrants and American workers need a revision of immigration policy. Abolish guest worker visas and replace them with a reformed green card process (freeing workers to change jobs at will and to receive market salaries) or make them truly temporary, with no possibility of changing to immigrant status (foreign workers, knowing there's no chance of remaining in the US with this visa, will negotiate a salary to compensate). Either way, the green card economic benefit would be removed from the salary equation, and result in fair competition among US and foreign workers.
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