Someone keeps asking for PERM to make Balca decisions more precedent setting. I
believe that the original formulation of PERM eliminates the need for BALCA altogether.
If anyone ever objected to the original rulemaking, the information was
never passed along by DOL. They should still have to
open up PERM for public objections at a time close to enactment, and this
is something we should object to. It appears that the only thing open to
appeal in the PERM system is prevailing wage. This will mean that
anyone and everyone connected with the DOL can make up their
own concept of what is an adequate test of the labor market, a restrictive
requirement, etc. and there will be no way to object, let alone any
precedent. Does anyone have any ideas on how to open a dialogue, as
this would seem to be a significant loss of due process rights. Speedy
decisions are only valuable when other rights are retained.
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