For several years now I have been predicting in private communications with clients and colleagues that the DOL will seek to raise revenue for the foreign labor certification programs by charging user fees.  We have also predicted that along with implementing user fees DOL will outsource much of the labor certification processing to contractors.  DOL has taken the first step in this direction.

In the April AILA Liaison meeting notes the DOL states:

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 . . .

AILA InfoNet Doc. No. 11042962. (Posted 04/29/11)

While the basic concept of user fees is not wholly indefensible in this situation, as it is with infrastructure user fees, the problem is that user fees free the agency from any pressure to control their costs and the inevitable result is what we find with USCIS where user fees are out of control with excessive fees supporting a bloated and unresponsive bureaucracy and lining the pockets of barely competent contractors.

The is precisely why I have repeatedly warned about user fees in aviation.  See User Fees Cannot be Controlled.

I fully expect that shortly after the user fees are approved, and I have no doubt they will be, the DOL will announce its intention to outsource much of the administrative work associated with processing foreign labor program applications.  I also have no doubt that these lucrative contracts will go to companies owned by or employing some of the same DOL executives and managers who are putting the user fee proposal forward today.