The PERM labor certification process is not only important for US green card applicants, but it is also facing significant backlogs and foreign workers alongside employers are looking for an expedited and direct route to residency given the PERM process backlogs.
Backlogs and Remaining Stagnant
Many foreign workers and immigrants that are looking to settle down in the US are facing an immense backlog dealing with the PERM process not only in the tech and healthcare industry but for workers in almost all sectors. It adds stress and uncertainty for workers coupled with an immense amount of logistical stress for employers. While it is important to have an organized deadline to follow and plan for, immigration lawyers have found that the industry greatly needs a more flexible approach.
Compliance with the system poses significant challenges for foreign applicants given that the PERM process is centered around the narrative that employers need to justify advertising vacancies to local citizens for months and subsequently adhere to an exhaustive advertising system before hiring foreign workers. While the system is designed to prioritize US workers, small businesses in the US face undue burden in the face of stricture advertising systems with limited resources.
There is Increased Attention to Updating Policies
Critics say that the out-of-date PERM system is out of step with the current realities of remote work, tech jobs, and new pay scales within the labor market. Experts propose things like remote audits, rigid timelines, and less restrictive labor tests to streamline the process. Such changes would ensure American workers remain employed while also reducing burdens on companies and skilled immigrants. The Department of Labor seems to care about these concerns and is willing to make changes, but actions tell a different story.
The Human Impact: Overlooked by the Bureaucracy
The backlog’s most severe consequences stem from the over-regulated administration system and are felt on a personal level. Many applicants talk about worsening anxiety, shattered dreams, and endless waiting periods that impact their professional and personal lives. As the scrutiny intensifies, the endless delay has now sharpened the focus of both applicants and employers on the protections and balance of the labor and the global calculus.
