3/6/2008 - Department of Labor Announces Move to Centralized Filing of LCAs and PERM Applications

The U.S. Department of Labor has announced that starting in June, all PERM labor certification cases will be processed in the Atlanta National Processing Center while all paperwork for temporary visa matters (H-2A, H-2B, H-1C, and D-1 paperwork plus those few LCAs not filed electronically for H-1B/H-1B1, TN and E-3 cases) will be handled by the Chicago National Processing Center. The transition will begin on June 1 and as of June 15, all cases must be filed at the proper location under this new system or risk rejection.

Also, beginning June 1, requests to withdraw DOL applications must be made to the office which now handles processing of that application type - even if the application was first processed by the other office. In other words, a PERM case approved by the Chicago National Processing Center can only be withdrawn by request to the Atlanta National Processing Center, which will be the only office then handling PERM cases.

Bottom Line:

DOL appears to be mimicking USCIS' move towards greater specialization - handling specific types of applications only at certain Service Centers, in the hope that focusing the attention and experience of the staff at each location on one type of case will help develop greater competence and lead to greater efficiency and consistency in adjudications. The jury is still out on whether this has worked with USCIS.

In the short term, this is likely to cause some confusion and inconvenience. In the long term, it is conceivable that we might see some greater efficiency and better quality in terms of outcomes.

Who Should Care:

Employers that file Labor Condition Applications in conjunction with H-1B filings and those that file PERM labor certification cases for their employees, as well as beneficiary foreign national employees of these petitions and applications.

Archive Date:
March 6, 2008