PERM - Labor Certification

NSC Updates – 05/26/09

I-140 backlog  

USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.

I-485 

USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.    

Filing an appeal 

DOL Updates – 05/19/09

 DOL persuades users to use the new iCERT

The old LCA system will be extended by DOL starting from May 14, 2009 to June 30, 2009. Hence DOL urges users to use the new iCERT during the transition period and to send a feedback on bugs by email.  

Some of the new features implemented by DOL with the launch of the new system  

Labor Cert reopened and approved after case closed for over one year

We have recently been able to successfully reopen a labor certification and get the case approved after it had been closed because of what we feel were errors by two previous lawyers retained by employer. Our client had her case denied and closed over ONE YEAR ago. We were retained for a consultation and in-depth review. It appeared obvious that the employer and the employee were not at fault. It took some effort but the facts were compelling enough that USDOL reopened the case in the interest of justice. The case was approved last week. We truly appreciate the fairness shown by USDOL.

DOL Announces Changes in Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification

[Federal Register: March 5, 2008 (Volume 73, Number 44)]

[Notices]

[Page 11954-11956]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05mr08-104]

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DEPARTMENT OF LABOR

Employment and Training Administration

Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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PERM Denial Based on Typographical Error by DOL Rectified

We filed an ETA 9089 (PERM) Petition by mail in July 2008, as the advertisements were expiring and DOL had a delay in registering the company's PERM account. A denial was issued on the grounds that the advertisements and prevailing wage were expired when the case was received for processing. Further inspection noted a typographical error by DOL in the year the case was received.