The Office of Management and Budget (OMB), which oversees regulatory policies for the Executive Branch, completed its review of the final PERM rule on Friday, December 10, 2004. This rule had been pending at the OMB since February 23, 2004. Upon completion of the final rule, the rule is forwarded for publication in the Federal Register, a process which can be as quick as a day, or can take several weeks. In light of the lengthy period during which the rule was pending at OMB, it is anticipated that publication in the Federal Register will be prompt.

As advised on InfoNet, the effective date of the final PERM rule has not yet been confirmed, though the Department of Labor previously indicated in a memo to the SWAs that the effective date will be 60 days from the date of publication. AILA will post a copy of the final PERM rule on InfoNet as soon as it is released, together with practice advisories prepared by AILA’s DOL and PERM Committees.

Additionally, AILA will conduct a nation-wide teleconference immediately upon the new PERM rule becoming available. The teleconference will include national experts who will advise on the changes created by the new PERM program, and its impact on current labor certification practices. Details on how to register and call-in for the teleconference will be posted to InfoNet upon scheduling of the teleconference.

See AILA’s comments on the proposed regulation for AILA's concerns regarding the initial PERM proposal. It is not yet possible to confirm what revisions have been made to the regulation since the publication of the original proposed rule.