Amid Layoffs, DOL Increases Scrutiny on PERM Filings

In addition to the substantial delays in PERM processing, the Department of Labor (DOL) has indicated that in light of the substantial layoffs and increased unemployment, it would impose a heavier scrutiny on PERM labor certification applications which are the first step of any green card process.

In a response to a question posed at a February 3, 2009, DOL stakeholder meeting, DOL indicated that:

The rising unemployment rate is also a big concern to DOL. 180,000 jobs were lost in the last month, and 1.2 million jobs were lost in the last five months. Unemployment funding is in trouble in many states. OFLC is trying to integrate labor market information from various sources within DOL. In response to continued layoffs, DOL will increase supervised recruitment.  […]DOL will carefully analyze actual data regarding layoffs and not react solely based on news reports. However, the clear message is that we should expect more supervised recruitment as layoffs affect new industries.

This message from DOL seems to indicate that an increased scrutiny should be expected in certain PERM filings.  Although it is difficult to predict the kind of cases to which DOL will impose supervised recruitment, it is likely that, for example, financial analyst positions in New York City will be given extra attention.