We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
This page allows the public to access the latest quarterly and annual disclosure data in easily accessible formats for the purpose of performing in-depth longitudinal research and analysis. OFLC case disclosure data are available for download on a Federal Fiscal Year cycle covering the October 1 through September 30 period in Microsoft Access (mdb) file format. Select data fields for each case record are extracted from foreign labor certification application tables within OFLC case management systems based on the most recent date a determination decision was issued.
The sponsoring employer was a small company (less than 20 employees) that was sponsoring the brother of the president. The Labor Certification was audited due to the familial relationship, which is a significant issue in the PERM process. We successfully responded by proving that the relationship between the president and the applicant did not influence or affect the PERM Processing. The I-140 petition and I-485 petitions were approved, and the applicant received his permanent residency.