June 01, 2008

Update on PERM Appeals Queue

Recently, the Department of Labor (DOL) has conducted a review of denied PERM cases in the appeals/motions queue for “clear error,” and that 350– more than one-third of the approximately 900 cases reviewed thus far –have been returned to the PERM queue for processing.
This is the result of a pilot program advocated by AILA, as discussed in this passage from the minutes of the April 3, 2008, stakeholder meeting:
“The DOL has initiated a pilot ‘sub-queue’ of ‘government error’ cases by pre-screening them. Examples of ‘government error’ would be requiring Kellogg language when it is not required; a clear communication problem such as where an audit letter is not received by an employer or representative, or where an audit reply is timely submitted but is not matched with the case, and data entry errors on mail-in cases.”

AILA InfoNet Doc. No. 08052961 (posted May. 29, 2008)