1/29/2008

The DOL has released its legislative plan to charge the filing fees for the PERM labor certification application. This is reflected in the DOL's FY 2008 budget. 

The FY 2008 budget proposed to turn the PERM labor certification application funding sources from the current tax revenue general fund to independent self-sufficient user fee fund. In FY 2008 President's Budget, the DOL earmarked $65,000,000 for the foreign labor certification fund which will be raised by the user fees charged to the employers who file the PERM labor certification application. 

This proposal is translated into the labor certification application fee of approximately $500 per application considering the DOL's estimate of total number of PERM applications between 100,000 to 120,000 a year. The fee does not appear to be a lot of money.

However, considering the fact that PERM regulation mandates the employers to pay all the cost of the labor certification, it is anticipated that the upcoming filing fee charge for a labor certification application is anticipated to add further pressures and hardships to certain employers including nonprofit organizations, small or medium size businesses, and other employers, who have already been experiencing difficulties in sponsoring the permanent foreign labor certifications for the foreign workers since July 16, 2007. Please stay tuned.