The process is no doubt overdue for streamlining, but there is reason for concern about the direction this reengineering will take. Note that no new regulations are being proposed at this time and seem unlikely in the immediate future. Potential Direction of the Reengineering Project. The DOL provides insight into the potential direction of the reengineering project and the aspects of permanent labor certification processing that may be impacted. The Reengineering Questionnaire, reprinted below, asks for public comments on a number of areas of major significance.
Current processing allows employers the option of up-front recruitment or recruitment after filing.
Conducting recruitment efforts before filing the application with the government allows the employer to test the labor market before formally initiating the process and sometimes results in faster processing times. Recruitment after filing allows employers to obtain an earlier priority date. Furthermore, employers may benefit from having the SESA review the proposed recruitment efforts before incurring the cost of potentially inappropriate recruitment. The current system provides the employer with the choice of how to proceed and any change limiting that choice seems a step backward. Withholding the filing date until an application is complete with required documentation and correction of deficiencies.