> DOL Practice Pointers from the Annual Conference

Prepared by Susan MacLean, DOL Liaison Chair

PERM UPDATE

Processing Times & Inquiries

Normal processing times:

90 days to receive communication from DOL (approval, audit, denial)

120 days to receive a decision after employer submits response to an audit

The DOL does not yet have designated "normal processing time" for their response to a submitted motion to reconsider. They are continuing to process through their pending queue of motions.

Inquiry process if case is past normal processing times:

If a case exceeds a designated normal processing time, the employer/attorney can submit an inquiry to plc.chicago@dol.gov or plc.atlanta@dol.gov. The DOL requests that the email contain a specific reference in the subject line, e.g. "case # - case beyond 90 day normal process" or "case # - audit response sent over 120 days ago".

If after a reasonable period you get no response or are having continued problems, you should call appropriate Processing Center Atlanta (404-893-0101) or Chicago (312-886-8000) and provide specific case information and describe the issue over the phone so that the PERM Center Director can follow up.

PERM Withdrawal Requests to the DOL

Employer/attorney can make a PERM withdrawal request via e-mail to plc.chicago@dol.gov or plc.atlanta@dol.gov. Put the case # and "withdrawal request" in the subject line of the email. DOL recommends allowing 5 days to pass before refiling a new PERM case for the same employer and beneficiary.

Extension Requests to the DOL for Audit Response

Employer/attorney can make extension request to respond to an audit by submitting an email to plc.chicago@dol.gov or plc.atlanta@dol.gov. Please put case # and "Audit response extension request" in the subject line.

BACKLOG ELIMINATION CENTER UPDATE

Employer/Attorney can submit an inquiry on a case to info@dal.dflc.us or info@phi.dflc.us.

The DOL will complete the issuance of all receipts for all cases received by their office from the SWAs and Regional DOL offices by the end of June. It may take a few weeks after that date for all the receipts to be received by employers/attorneys. The DOL will publish a procedure in the near future to address how it will handle inquiries concerning cases where NO correspondence was received by employer or attorney.

(On July 11, 2006, DOL published an FAQ with procedures to handle cases which have been closed by the BEC erroneously. AILA InfoNet Doc #06071163.)

DOL will accept amendments to pending RIR and Traditional cases so long as the RIR has not been approved and recruitment has not begun (placement of the job order) for the Traditional case. Amendments to existing cases can be made based on the normal amendment rules which apply to RIR and Traditional cases. The DOL recommends you make amendment requests sooner rather then later because once they complete the receipt issuance they expect the processing of the cases will move forward more quickly.

Watch AILA InfoNet for notification of when the DOL will start publishing the processing times of the BEC centers.