PERM Update: Approvals, No Substitution of Beneficiaries
July 21, 2005
Stern and Elkind is pleased to announce that we have received approvals in a number of PERM labor certification applications. The recent cases were approved in less than one week from the date of filing.
The PERM program has been plagued by a number of glitches and bugs and the U.S. Department of Labor has been slow in resolving a number of important issues. As a result, Stern and Elkind's philosophy has been to proceed in a careful and meticulous manner in order adapt to the bugs and respond to the announcement of revised policies and procedures by the United States Department of Labor. We believe that the expeditious processing of our recent approvals was due, in large part, to the methodical and detailed-oriented approach our firm has taken with respect to the PERM Process. We hope that future cases will also be approved in an expeditious fashion.
At a recent teleconference it was announced that in the not-to-distant future the Department of Labor will be promulgating a new rule that will bar the substitution of beneficiaries in approved labor certification applications. In the past, a company could use an approved labor certification for the benefit of a different employee by substituting that employee as the beneficiary of the approved labor certification application. Apparently, this practice will be stopped sometime in the future.
We will continue to post notices on our website regarding new developments in the PERM process.
