The Department of Labor (DOL) has released new updates to its Permanent Employment Certification (PERM) online filing system. These changes, announced on February 3, 2025, provide additional tools for attorneys managing labor certification cases. One of the most notable updates is the ability to withdraw cases in “request for review” status, along with new filters for case refinement.
Key Takeaways
- Attorneys can now withdraw PERM cases that are in “request for review” status before BALCA preparation.
- A new filter for “Request for Review” has been added in the refine results section.
- The withdrawal option will no longer be available after the BALCA package is sent.
- These updates are part of the ongoing efforts to streamline the PERM process for employers and their legal representatives.
Context
The PERM Labor Certification process is a critical part of the U.S. immigration system, allowing foreign workers to be sponsored for permanent employment. Since its introduction in 2005, the system has evolved to meet the needs of both employers and employees, integrating technology to improve efficiency. The new changes reflect the DOL’s ongoing commitment to modernizing this process, offering more flexibility to employers and attorneys managing labor certification cases.
Enhanced Withdrawal Option for “Request for Review” Cases
With the latest update, cases in “request for review” status can be withdrawn, providing attorneys with additional control over the process. This option will be available until the case is packaged for the Board of Alien Labor Certification Appeals (BALCA). After this stage, the withdrawal option will be removed, ensuring that all parties proceed with due diligence and consideration.
This feature ensures that attorneys can address issues or strategic shifts before the case progresses to the BALCA stage, enhancing the flexibility and responsiveness of the process.
Introduction of New Filters in Case Refinement
A new filter labeled “Request for Review” has been added in the refine results section of the PERM online system. This filter allows attorneys to quickly identify cases that are currently under review, improving the management and tracking of ongoing applications. The feature is particularly beneficial for firms handling multiple cases at once.
This addition helps streamline case management, enabling attorneys to filter and track specific cases with ease and efficiency.
Impact on Case Strategy and Planning
The ability to withdraw a case before it reaches the BALCA stage provides new strategic opportunities for employers and their legal counsel. Attorneys can now assess the progress of a case and make informed decisions about whether to continue or withdraw, potentially saving time and resources.
The update gives immigration attorneys greater flexibility to plan and adjust their strategies based on the evolving status of a case.
Ongoing Efforts to Streamline the PERM Process
The DOL’s introduction of new features for the PERM online system highlights their commitment to improving efficiency and transparency. These updates are part of a larger trend of modernization aimed at enhancing the user experience and facilitating a smoother application process for both employers and employees.
By continuously improving the PERM system, the DOL is making it easier for attorneys to manage cases and for employers to manage the certification process.
The Role of Immigration Attorneys in Managing PERM Filings
Immigration attorneys are essential in guiding employers through the complexities of the PERM process. With these new updates, attorneys are in a better position to provide timely advice on case status and strategic decisions, such as when to withdraw a case or when to proceed with additional steps.
These updates underline the importance of skilled legal professionals in managing the PERM process, ensuring that employers comply with all requirements and make the most of the tools available.
Conclusion
The DOL’s updates to the PERM online filing system offer valuable tools for immigration attorneys. The ability to withdraw cases before they progress to BALCA and the addition of new filters will help streamline case management and improve the strategic decision-making process. As the DOL continues to enhance the system, these improvements promise to reduce delays and simplify the overall process for employers and legal professionals alike.
Frequently Asked Questions
Can I withdraw a PERM case after it has been sent to BALCA?
No, once the BALCA package has been prepared and sent, the option to withdraw the case will no longer be available.
What is the new “Request for Review” filter used for?
The filter helps attorneys easily identify cases that are currently under review, improving the management and tracking of ongoing applications.
How does the ability to withdraw cases impact my strategy?
The ability to withdraw cases before BALCA allows attorneys to adjust strategies based on a case’s status, saving time and resources when necessary.
Are these changes permanent?
Yes, the DOL has introduced these changes as part of its ongoing efforts to streamline the PERM process and improve user experience.
How can I check if my case is eligible for withdrawal?
You can check the status of your case in the action menu of the PERM online system, which will indicate if it is in “request for review” status.
Why are these updates important for employers?
These updates provide employers and their attorneys with more control over the process, allowing them to make timely decisions and avoid unnecessary delays.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys