The USDepartment of Labor (DOL) announced on June 2, 2015 that it will begin theprocess of updating the PERM regulations. The PERM regulations govern the labor certification process, the first phaseof most green card cases.
The PERMprocess requires the employer to test the US labor market in an effort toprotect the US labor force. PERM isrequired for Occupational Therapists, Medical Technologists, Physicians, SpeechLanguage Pathologists, and many other occupations. PERM is not required for Registered Nurses orPhysical Therapists, as the DOL has determined that there is a nationalshortage of RNs and PTs in the US and therefore the labor market does not needto be tested.
The DOL hasnot comprehensively examined or modified the PERM process since 2004. Much haschanged in the way employers recruit workers since 2004. The DOL has received ongoing feedback thatthe existing PERM requirements frequently do not align with worker or industryneeds and practices. For instance, the PERM process requires the employer toadvertise in the print newspaper; most workers now use online job searchengines to find open positions.
The DOL isengaging in new rulemaking that will consider options to modernize the PERMprogram to be more responsive to changes in the national workforce, to furtheralign the program design with the objectives of the US immigration system, andto enhance the integrity of the labor certification process.