PERM Processing Times (as of 01/03/2013)
According to DOL updates as of 01/03/2013, they are working on PERM application filed in the following months:
Analyst Reviews : October 10, 2012
According to DOL updates as of 01/03/2013, they are working on PERM application filed in the following months:
Analyst Reviews : October 10, 2012
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5182-5183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01422]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Annual Update of the HHS Poverty Guidelines
USCIS recently published revised Forms I-90, Application to Replace Permanent Resident Card, and I-601, Application for Waiver of Grounds of Inadmissibility.
All Employment-Based I-485 Inventory pending at the Service Centers and Field Offices as of 01/3/ 2013
U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. The list below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.
The list below does not include the following:
IMMIGRATION INNOVATION (I2) ACT OF 2013
ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)
Employment-Based Nonimmigrant H-1B Visas
1. Increase H-1B cap from 65,000 to 115,000
2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
We filed an ETA 9089 Labor Certification and included a requirement of a Master’s degree. The job required no employment experience, but did require hands-on work in a university research laboratory with particular equipment. DOL denied the application, stating that training and experience requirements were in place that exceeded the employer’s true minimum requirements. We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies.
We filed an I-140 application in which the beneficiary was no longer working for the employer and was living outside the U.S. We included fairly standard supporting documents. To show the employer’s ability to pay the offered wage, we submitted federal tax returns and a W-2 from the preceding year. To show the beneficiary’s qualifications, we submitted a copy of his degree and affidavits from previous supervisors and co-workers with supporting documents.
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.
We won a case for a Ph.D. in Accounting under the Outstanding Researcher and Professor Category. This individual had over nine years of teaching and research experience. He held a position as an Assistant Professor at a prestigious academic institution. He was noted for innovative and pioneering work in his field as well as significant contributions to accounting principles. This applicant was awarded for outstanding teaching each year from his students and fellow professors.
This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.
We won a case following a Request for Evidence for a scientist considered extraordinary in his field. This Ph.D. was an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of corneal innate immunity and microbial keratitis. His unique specialty set him apart from others in the field. He was invited to review for a high impact scientific journal. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work.
We won a case for a physician who provided a contract for services for 5 years in a medically underserved area. This applicant also submitted copies of his degree, medical license, medical degree equivalency evaluation, USMLE Step 1, 2 and 3, status paperwork, letter from potential employer stating need, documentation of statistical data on medically underserved area and a letter from Bureau of Health Care Services.
We won a case for an Alien of Extraordinary Ability who qualified in numerous components of the category. We argued her contributions were significant as clearly documented by the multitude of reference letters supplied by leading experts in her field. She also had an extensive publication list as well as invitations to present this extraordinary work. Her research has had a significant impact in the field, and consequently the citation record of her work is far greater than most scientists with her years of educational and work experience.
We won a case for an Outstanding Researcher and Professor who was known world-wide for his expertise in hotel management. This applicant had over 19 combined years of industry and teaching experience. He was well-known as a remarkable professor. He served on many thesis committees and acted as a judge in numerous forums. This applicant had an extensive publication record and as a result was highly sought after to speak around the world regarding his contemporary research. He published book chapters and also obtained patents for portions of his research.
We won a case for an Outstanding Researcher who had over 23 years of research experience. She was considered one of the foremost experts in the field of medical research. She has an extensive publication record along with a multitude of presentations. This applicant was working on such illnesses as asthma, allergies and other lung ailments. Her innovative and pioneering work was recognized by the number of manuscripts accepted for publication in high impact journals.
We won a case for an Outstanding Researcher who worked for a private company. This applicant provided substantial evidence regarding the company's accomplishments and ability to pay as well as documentation of the 3 full-time researchers on staff. We were also able to provide evidence that the applicant qualified by providing his publications, patented work, membership in a prestigious professional society, extensive presentation listing as well as years of industry experience.
We won a case for an Outstanding Researcher with over seven years of research experience. This applicant received a multitude of academic awards for his outstanding work. He had an extensive publication record and authored book chapters. He was known world-wide as a leading expert in his field. Upon receipt of an RFE regarding his employment offer, additional supporting evidence was submitted confirming the permanency of his job offer. His case was approved in less than a week from Services' receipt of the response letter to RFE.
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.