PERM Processing Times (as of 11/06/2013)
The PERM Processing Times has been updated. Please click the link below to view the times.
http://www.immigration.com/PERM-processing-dates/perm-processing-times-11062013
The PERM Processing Times has been updated. Please click the link below to view the times.
http://www.immigration.com/PERM-processing-dates/perm-processing-times-11062013
OFLC appreciates the challenges the regulated community has experienced as a result of the lapse in appropriations, which resulted in the cessation of the operation of OFLC's electronic systems, and further resulted in a backlog of documents submitted to OFLC during that period by mail, hand-delivery, or email.
1. What is the Foreign Labor Certification Process?
2. How long will the employment-based visa process take?
3. Are there any employment-based immigration fees?
4. How do I find out the status of my permanent case?
1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.
The NPWC uses the Prevailing Wage Determination Policy Guidance in issuing wage determinations for the Nonagricultural Immigration Programs. The Department updated the guidance in November 2009 following the publication of the H-2B regulation and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations that affected the prevailing wage determination process.
Below are Fact Sheets for 4th Quarter of FY 2013 (07/01/2013-09/30/2013)
Can we apply for indefinite H-1 extensions( on yearly basis) based on PERM appeal as long as your case is still in appeal?
As long as PERM appeal is pending (Not, MTR), you can apply for one-year H-1 extensions indefinitely, even beyond 6 years.
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | July 2022 |
I'm on H-1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
1) PERM approved and i140 filed; (while I'm in India)
2) Receive PERM audit; (while I'm in India)
3) I-140 approved and Post I-140 approval; (while I'm in India)
Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?
1. No problem.
2. No problem.
3. No problem.
Do discuss your long-term plans with your lawyers.
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
If your company files a new PERM for a different role within the same organization after your initial I-140 is approved, will the initial I-140 still be active?
If your employer revokes your initial I-140 more than 6 months after it is approved and you move to a new role within the same company, is there any risk involved?
Will every organization need to apply for a PERM again in the future if you switch employers? Can you work for an organization that is not ready to start your PERM process, and can you use your previous approved I-140 to extend your H1B for a new employer?
If you lose your job post I-140 approval and don't find a new job within 60 days, can you still apply for jobs while outside the United States? Will your last approved I-140 still be active?
What are the cases or situations in which you can lose your I-140 or priority date (i.e., your approved I-140 is revoked)?
When filing for the permanent labor certification (PERM) application, it is important to file from the corporate headquarters instead of a branch or sub-office, especially for consulting jobs or jobs that can be transferred to different locations. This is because the U.S Department of Labor considers the corporate headquarters to be the job site for transferable jobs. After the I-140 is approved, the priority date belongs to the individual even if the I-140 is withdrawn, unless it is revoked for fraud, misrepresentation, or an obvious error. Additionally, as long as the I-140 stays approved for 180 days, the individual has the right to extend their H-1B beyond six years with any employer, even if the I-140 is revoked. After 180 days, the employer can revoke the I-140, but it does not affect the individual.