PERM Processing Times (as of 11/5/2012)
According to DOL updates as of 11/5/2012, they are working on PERM
According to DOL updates as of 11/5/2012, they are working on PERM
Applicants often have difficulty getting a response from the various email help desks (sr.processing@dol.gov, plc.atlanta@dol.gov, etc.) beyond a boilerplate acknowledgement of the inquiry. This lack of substantive response can be particularly challenging when an employer is trying to create a new PERM filing account, or if the employer’s contact is locked out of their online PERM account. Has DOL provided any details on how e-mail inquiries are handled by each of the help desks? Does DOL have required service response times? Would it be possible for a dedicated e-mail to be created to follow-up on specific matters, such as PERM account registration problems? As an example, USCIS has a dedicated follow-up e-mail for service requests, but this e-mail can only be used after a service request is made, and after a set period of time goes by without a response.
DOL indicates that it has completed its project to address “straggler” cases and has returned staff to normal job duties. This may help to improve timeliness of responses from DOL on these kinds of issues.
Recently, DOL has begun to issue audits with the following language: “The foreign worker listed on the ETA 9089 resides in [residence location], section H of the 9089 provides [work location] as the worksite. Has DOL explained how the foreign worker performs the job duties of the job opportunity given the distance between [residence location] and [work location].Is the employee permitted and/or expected to perform the duties of the job opportunity listed on ETA 9089 from his residence and/or his place of choosing?” In many cases, the two locations are quite close and are clearly within a normal commuting distance (e.g. Atlanta and Marietta,
Georgia – distance approximately 20 miles; Palisades Park and Parsippany, New Jersey – distance approximately 30 miles). In one case, the work and residence locations were less than two miles apart. Has DOL considered conducting an initial review of the distance between the residence location and work location before issuing the audit?
DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.
Applicants have reported frequent rejections of alternate wage surveys that have been submitted to the prevailing wage unit in support of the ETA 9141. Several of these rejections have not been due to a specific deficiency of the survey or because the survey was not a match to the position, but because not all leveling information was submitted, or because the submitted survey data was incomplete. Rather than rejecting the survey due to missing survey information, could the National Prevailing Wage Center (NPWC) instead issue a request for the missing information, so that employers are able to correct the problem, rather than have to submit a new wage request and wait two months for a decision?
DOL indicates that it does issue a Request for Information when possible, but relies on employers and attorneys to provide complete information regarding alternate wage surveys to allow the wage determination to be based upon that survey.
Rather than requiring that the full survey methodology be submitted with every prevailing wage request, can DOL recognize that certain surveys (i.e., Towers Watson, Radford, CHIPS One) employ a statistically valid methodology, and only require documentation that supports the specific wage request, such as the wage, level, location, and job description for the requested job opportunity?
DOL indicates that methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.
We got our Green Card approved on May 6th. I want to take this opportunity to thank Mr. Khanna and his staff.
My Green card processing took more than 3 years and through out the process, Mr. Khanna's office was very helpful. I had a lot of questions along the way and they were prompt and precise to all my queries.
The whole process was like a marathon run. Vijay Durgam helped us get started with the process. He did a thorough evaluation of my case and filed for the labor certification. We were very optimistic and enthusiastic on filing for the labor certification. Then we hit the middle phase of the marathon where the labor certification seemed to take forever. Mathew Chacko helped us during the dull pessimistic days. He kept our hopes going and encouraged us till we hit the home stretch. Finally we got our labor approved and filed for 140/485. Prerna was very helpful and was impeccable with the documentation. The last leg was a sprint and we got the 485 approval in less than 3 months.
Special thanks to Vijay Durgam, Mathew Chacko and Ms. Prerna Mehta.
From Labor certificate, I-140 and I-485, Mr. Khanna's team did a very good job on my case. LC was filed in July 2002 and I-485 was approved in March 2005. Everything went smoothly. Mr. Khanna's team is a good one.
Processing Queue | Priority Dates | |
---|---|---|
Month | Year | |
Analyst Reviews |
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 August Visa Bulletin http://www.immigration.com/visa-bulletin shows good priority dates movement:
. India EB-2 advances from 2004 to 2008
. According to the visa bulletin there is a positive move for both spouses and children of permanent residents. Family-Based 2A category will be current for all countries as of August 1st.
. Green card holders and their spouses residing legally in the US should be able to file their I-485 packets in August
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.
They ran out of slots for the 10/30 oath about 7 people before me, so after that all of us got the N652 with "civics test/English passed" and "congratulations; it seems you are eligible...etc etc checked off, and when they handed it to to us they said our oath letters will be in the mail soon.
Processing Queue | Priority Dates | |
---|---|---|
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 | |
---|---|---|
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.
I am working with Rajiv's office for over a year now. Staff is extremely professional and very prompt. I would highly recommend the firm.