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PERM stands for Program Electronic Review Management and replaces the earlier regular
and Reduction in Recruitment(RIR) methods for getting labor certification. All labor
certifications filed on after March 28, 2005 must be filed under PERM.
A labor certification application filed under PERM is expected to take only an
estimated 45 to 60 days to adjudicate, compared to months or several years under former process.
The
new system requires employers to conduct recruitment before filing
their applications. State Workforce Agencies (SWAs), formerly known as Employment
Security Agency(SESA) will provide
prevailing wage determinations to employers, but will no longer receive or process applications as they do under the current system. Employers will be required to place a job order with the SWA, but the job order
will be processed the same as any other job order. Employers will have
the option of filing applications electronically, using web-based forms
and instructions, or by mail.
A pending case with former process could be withdrawn and refiled without losing the priority date
as long as no job order has been placed with the State Workforce Agency(SWA) and the employer,
alien worker, job title, job duties, job requirements and work location are identical.
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