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Permanent Labor Certification (PERM)

May 2006

Update on Backlog Elimination Cases

As discussed in a previous posting regarding Backlog Elimination Cases, the DOL continues its efforts in processing the 300,000 plus applications filed across the nation under the old Alien Labor Certification program that was in effect prior to March 23, 2005 when PERM was initiated. At a meeting in March 2006, the DOL released the following figures on Backlog Elimination Cases:

Total Number of Applications Received 363,000
Total Cases Completed 108,000
Current Balance 255,000
Approximate Cases Certified 50,000

Although these figures do not offer much hope in eliminating the backlog of these long-awaited labor certification cases, they may provide some relief in that they confirm that there are thousands of cases still pending in the Backlog Centers and that your case is not lost in the system. As we previously reported, there does not appear to be a pattern to the order in which the 45 day letters are being issued, despite the pronouncements of DOL Headquarters that the cases are being entered and processed in chronological order. The DOL currently expects to complete their data entry by June 30, 2006. Once full data entry is complete for an application the 45 day letter is sent out. The DOL has also indicated that it plans to complete the processing and issuance of final decisions of these cases within 18 months -- a goal that may not be attainable with their limited staffing resources. Unfortunately, the DOL has not provided a mechanism for checking the status of pending cases to date.