May 12, 2003

Publication of PERM Program Expected to be Delayed

At an AILA Continuing Legal Education course on May 9, 2003 organized by GT attorneys, Harry Sheinfeld of the DOL advised the audience that publication of the PERM regulation would be delayed, and is now expected to be in September at the earliest. For strategic reasons, many employers are filing traditional labor certification applications to obtain a priority date. The priority date is critical in the extension of H-1B status beyond the sixth year maximum as set forth in section 106 of the American Competitiveness in the 21st Century Act (Pub. L. 106-313) and the 21st Century Department of Justice Appropriations Authorization Act (Pub. L. 107-273). Together, these sections amend section 214(g) of the Immigration and Nationality Act by providing that H-1B nonimmigrants can extend their H-1B status beyond the six-year limitation as long a labor certification application or an immigrant petition was filed more than one year prior to the end of their sixth year in H status.