As
part of Popescu, Iosepovici & Associates' continued effort to provide
the Romanian-American community with the latest information pertaining
to the Immigration Laws of the United States, it is important to
note that on December 27, 2004, the Department of Labor published
a regulation which dramatically alters the manner in which this
agency will process Alien Labor Certification Applications. (i.e.
Labor Sponsorship cases)
This regulation, known as the "PERM" regulation, will
take effect beginning March 28, 2005. However, those individuals
who wish to take advantage of the PERM regulation must begin to
prepare their filings as soon as possible. The greatest benefit
which the PERM regulation offers is the Department of Labor’s
self-imposed goal to process cases filed under this regulation
within 45-60 days. (Under the old regulation, many individuals’
cases at the Department of Labor would not be processed for several
years.)
Additionally, the new applications can be filed electronically and are examined by Department of Labor officers for completeness and accuracy. According to the Department of Labor, if an application is deemed to be properly filed and completed, it will be approved within 45-60 days. The Department of Labor, however, retains the right to conduct a random audit on any application. Therefore, it is crucial that an applicant (or his/her representative) retain all documents pertaining to the recruitment activity conducted in the case. (The recruitment activity documents pertain to the evidence associated with the advertisement that must be placed in a newspaper in order to determine whether or not American workers are seeking the position offered to the alien. The recruitment activity must be conducted within 6 months of filing the application with the Department of Labor.)
It is crucial that a person who either 1) has already filed a Labor Sponsorship application with the Department of Labor which has not been processed or 2) wishes to file an labor Sponsorship application with the Department of Labor contact his/her representative in order to discuss the issues relevant to his/her case vis-a-vis the new PERM regulation.
Popescu, Iosepovici & Associates will continue to monitor this and other legal matters pertaining to the rights of the Romanian-American community.
Robert Popescu, Zamir Iosepovici, Madalina Andrei
