In its February 11, 2011 FY 2010 ANNUAL PERFORMANCE REPORT, the U.S. Department of Labor cites a statistic that “a little more than one half” of applications that were selected for audit or supervised recruitment in 2010 were found in compliance. DOL goes on to state that it plans to “apply stricter scrutiny to applications,” and to “establish an employer-paid user fee to partially fund the PERM, H-2A and H-2B programs.”

“OFLC will apply stricter scrutiny to applications. In the future, OFLC will revise the PERM application form – which expires in June 2011 – to both strengthen its integrity (by clarifying program requirements) and seek more detailed justifications in key parts of the form. Managers at OFLC headquarters and the national processing center levels will, where feasible, attempt to implement operational strategies to maintain production levels while enhancing audit investigations and other program integrity efforts. In FY 2011, the Department intends to propose legislation to establish an employer-paid user fee to partially fund the PERM, H-2A and H-2B programs to: make the programs more responsive to labor market demand; ensure financial resources to process applications timely; and recognize the benefit of the certification is to the employer and not the public. Finally, OFLC will initiate a baseline review of its SOPs to confirm they are still accurate and appropriate for the current business process, and will develop a methodology to randomly select a sample of resolved permanent program applications for quality review. Implementation of this quarterly review process will be labor intensive and will require an adequate base level of funding in FY 2011 to achieve the desired performance outcome.”

This NAFSA document contains extracts from the full report related to the Office of Foreign Labor Certification (OFLC).