The Department of Labor reports that it has withdrawn its Notice of Proposed Rulemaking and Schedule A Request for Information from OMB/OIRA review.
The PERM rules are in great need of revision and modernization. The most common complaint that we hear, and which was articulated in stakeholder meetings, is that the required job postings in Sunday newspapers of general circulation is not reflective of current recruiting practices. Newspapers in major metropolitan areas charge thousands of dollars for two well-written Sunday postings.
The final PERM rules were published on December 27, 2004, and PERM program was launched on March 28, 2005. Since that time, any kinks in the system have been worked out through the dissemination of FAQ memos, as well as BALCA decisions. The memos and decisions frequently focus on sections of the ETA-9089 form, and the ways to properly fill out the form.
In the decade that has passed since the implementation of the PERM rules, the world of business and recruiting has changed. Modernization of the PERM process is sorely needed, for fairness, to speed up the processes, and to lower the costs.
We will have to wait and see how things will change with the incoming Trump Administration and the PERM system. The implementation of any new rule will have to go through the full OMB review and rule-making process.