Lawyers are reporting that some audited PERM cases have been pending for almost a year. Moreover, the DOL recently announced that it would be auditing all PERM cases filed by the nation’s largest immigration firm. This diversion of resources will undoubtedly lead to further delays in the processing of PERM cases.
It is very difficult for companies and foreign nationals with cases pending for so long to deal with these delays. A prompt certification or even denial of a case allows for some solutions that are lost when it takes the DOL as long as it does to process cases. Especially affected are those who are in the United States and running out of H-1B time.
One recommendation I would make to those employers and individuals who know they want to move forward with Labor Certification is to do so sooner rather than later. Taking into account the likely delays and planning accordngly is the best way to proceed.