July 25, 2005

Department of Labor Clarifies Guideline for Counting Regulatory Time Periods Under PERM

Correct calculation of time is essential to a successful filing under PERM, the newly-unveiled labor certification system for U.S. businesses wishing to sponsor foreign national employees for permanent residence. Regulations require advertisement of the proffered position for specific time periods through multiple channels- newspapers, state job bank, internet, etc.- and a subsequent “silent period” before filing. In response to calls for clarification on the calculation of such time periods, Department of Labor has provided guidance for the two different time calculations involved: Time Period Calculations, and Time Line Calculations. Time Period Calculations verify the number of days in which an action took place—the number of days an advertisement ran, for example—and include the first day as well as the last day of the action taking place. Time Line Calculations, on the other hand, verify the number of days before or after an action. An example of this is the calculation of days between the last advertisement and the date of filing. In such a case, the day of the commencement or termination of the action (advertising or filing) is not counted. The first vacant or silent day is counted as the first day.

Department of Labor Reviewing Earlier PERM Denials

The Department of Labor is re-reviewing PERM cases electronically filed and denied between June 24, 2005 and July 14, 2005. The Department has advised that some cases will now show “sponsorship,” “audit review,” “final review,” or other status, and that the earlier denial notice may be disregarded in such cases. For other cases filed and denied during this period, the Department is allowing employers 60 days, instead of the customary 30 days, for employers to appeal cases. This measure is intended to provide employers sufficient time to review any changes in case status, should they occur as advised above.