Standards and Major Differences For PERM Certifying Officers, Schedules A And B

Listed below are answers from an immigration lawyer regarding your questions about PERM and work permits. Be sure that you are in compliance with the effective date, March 28, 2005, for the new PERM regulations.

What standards will be used in making labor certification determinations under the new, streamlined system?

Answer: The standards used in making labor certification determinations under the new system will be substantially the same as those used in arriving at a determination in the former system. The determination will continue to be based on: whether there are not sufficient United States workers who are able, willing, qualified and available; whether the employment of the alien will have an adverse effect on the wages and working conditions of United States workers similarly employed; and whether the employer has met the procedural requirements of the regulations.

• Revocation: Certifying Officers have the authority to revoke approved labor certifications.
• Adjudication: Certifying Officers will either certify or deny applications. The interim step under the previous regulations of issuing a Notice of Finding (NOF) has been eliminated.
• Schedule A, Professional Nurses: A Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate rather than merely passage of the CGFNS examination is required to qualify an alien for Schedule A certification.
• Schedule A, Professional Nurses: Passage of the National Council Licensure Examination for Registered Nurses (NCLEX-RN) examination is a means by which to qualify the alien for Schedule A certification.
• Schedule B: Schedule B has been eliminated.

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