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ARTICLE · 06 NOVEMBER 2013

DOL Issues Perm Application Guidance For Employers Affected By Shutdown

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The Department of Labor (DOL) has issued guidance concerning the effects of the government shutdown on employers’ ability to file applications and other submissions as part of the PERM process.

United StatesImmigration
Miles Roeder
Miles Roeder
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The Department of Labor (DOL) has issued guidance concerning the effects of the government shutdown on employers' ability to file applications and other submissions as part of the PERM process. With no information about how DOL would handle time-sensitive submissions during the shutdown, some employers submitted filings uncertain whether they would be received, while others delayed filings until the shutdown ended. These guidelines appear to be a fair and reasonable way to handle PERM applications, audit responses, and prevailing wage determinations that could not be received between October 1, 2013 and October 18, 2013. DOL advises that:

PERM applications that were hand delivered, mailed, or emailed between October 1, 2013 and October 18, 2013 will be considered received on October 18, 2013. These cases will therefore have a priority date of October 18, 2013. Priority dates are used to establish a foreign national's "place in line" in the annual allotment of

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