The Permanent Labor Certification
Program Integrity Goal and Forthcoming Changes

2/13/2010

The federal agencies dealing with the immigrations programs have been pushing cyber programs of immigration and visa processing procedures and management programs with goals to achieve the triple primary goals, among others. One is national security, the other is detection and prevention of frauds and achieving integrity of the programs, and the third is achievement of efficiency and effectiveness of the programs through online application, processing, and management of the programs. 

These goals can be achieved through a concept that is consistent across the agencies allowing sharing of the data and information. Online system based on "account" system across the board will permit the agencies to achieve the goals. For the purposes, the USCIS has been developing and accelerating the "Business Transformation Program," the Department of State has also been gradually transforming visa application and management programs to online system, and the Labor Department has been developing its own program under the concept iCERT Portal System.

DOL report indicates that the Office of Management and Budget has approved revised PERM and H-1B forms and electronic programs have been developed for enhanced web-based submission using a new Foreign Labor portal system. Obviously, the new portal system named iCERT Portal System represents an integrated portal system that will encompass all of the temporary and permanent labor certification application programs. 

The new H-1B component was launched on April 15, 2009. However, the PERM system reengineering into the iCERT Portal System has reportedly encountered technical program which requires delays and the PERM program in iCERT Portal System which has been under development is scheduled to be launched on July 1, 2010, according to the DOL report.

However, the DOL cannot afford delaying its goals of achieving, albeit in limited fashion, integrity of the PERM program. Accordingly, it launched a new internal processing guidelines that demanded processing and adjudication process heavily focusing on checking and investigating applications for integrity of the applications. This has led to a drastic delay in adjudication of PERM application from initial less than 6-month target to 10-month processing target. According to the DOL report, the overall decrease in this measure from one year ago is due to the impact of increasing integrity activities in light of the declining economy and continued filings for positions where there are U.S. workers.

It thus appears that the DOL apparently planned two steps of reengineering of the PERM system for the purpose of integrity of the system. The first step was to revise the PERM application form, ETA 9089, adding features in the application that require employers and representatives to provide certain additional information that can help the job of tentative creation of account concept in the system and investigation of the application for frauds. 

 

 

 

 

     

 

 

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