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PERM Central

PERM is now finally and officially here (69 FR 77326, Dec 27, 2004). The rule will be effective as of March 28, 2005, i.e. 90 days from today.

There are many points to ponder in the PERM rule (we have identified a several dozen already!) some of which we will explore in future issues. One such point concerns the new 20 CFR 656.17(d) "Refiling Procedures" a.k.a. upgrading to PERM. While that subsection is straightforward in that applications for which a job order has already been issued under the old regs cannot be upgraded to PERM, the situation at 20 CFR 656.17(d)(1)(i) and 20 CFR 656.17(d)(1)(ii) is considerably less clear. 20 CFR 656.17(d)(1)(ii) implies that an attempt to upgrade an existing case to PERM will result in the loss of priority date at the DOL's discretion. Actual experience over the first 3 to 6 months of the PERM program may well show that DOL will exercise this newly acquired regulatory power reasonably and not force a loss of priority date in non-fraudulent cases. However, until more is known on how DOL intends to handle this issue, attorneys may want to advise their clients that upgrading to PERM could result in a loss of priority date.

ILW.COM invites all those knowledgeable in labor certification matters to share their insights on the PERM rule as the immigration law community struggles to come to grips with the new PERM regime. A letter to the Editor could be the perfect way to capture a short comment on any particular point that is noteworthy. A lengthier analysis can be submitted in the form of an article which may appear in future issues of Immigration Daily. We are particularly interested in in-depth analysis of small portions of the PERM rule which we may consider for publication in book form (printed and bound) to be released in the near future by ILW.COM (authors of articles chosen for publication in book form will be paid an honorarium). If you have something valuable to say on PERM, take your pick - letter, article, book chapter - and send it in to

ILW.COM's seminar on PERM is led by Angelo Paparelli and features a number of distinguished practitioners as speakers. The deadline to sign up is Thursday, January 6th. For more info, see: ILW.COM is proud to publish Labor Certification by Joel Stewart - "THE PERM BOOK", the expected Publication Date is Late March 2005. This book will include a lengthy and detailed section-by-section analysis of the entire PERM rule (including changes caused by the Consolidated Appropriations Act, 2005) by Joel Stewart. Books will be shipped out first-ordered, first-shipped. Pre-Publication Orders Being Accepted Now! For more information, please see here.

We welcome readers to share their opinion and ideas with us by writing to