PERM Processing Times (as of 09/03/2013)
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-09032013
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-09032013
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 Dates | |
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Month | Year |
We represented an IT consulting company and a Technical Project Lead employed by them. The PERM was selected for supervised recruitment. USDOL denied certification, alleging that the employer rejected a potentially qualified U.S.
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm.
We represented a consulting company and their employee, a Senior Quality Assurance Analyst. USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements. We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted. We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.
Processing Queue | Priority Dates | |
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Month | Year |
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013
The 2011 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2011. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and Country Employment-Based Immigration Profiles. Click the here to view the Annual Report.
USCIS releases guidance memo on EB-5 cases involving Tenant-Occupancy.
Please check the attached guidance memo for detail information.
New Frequently Asked Question (FAQ). This FAQ addresses how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089. To read the FAQ, please click here and scroll to the PERM / Recruitment Report subheading
Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2021 |
Audit Review | March 2021 |
Reconsideration Request to the CO | July 2021 |
FAQ: Consular processing employment-based green card with a job offer from a different employer
Processing Queue | Priority Date |
---|---|
Analyst Review | August 2021 |
Audit Review | April 2021 |
Reconsideration Request to the CO | August 2021 |
The dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted.
Release Date
U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).
Processing Queue | Priority Date |
---|---|
Analyst Review | September 2021 |
Audit Review | June 2021 |
Reconsideration Request to the CO | September 2021 |
I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.