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Our office handles many ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.
The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of November 30, 2017. […]
New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing
In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked. The new policy memorandum states that beneficiaries who have properly ported their green card process to a new employer under AC21 are “affected parties” who must be notified of a revocation proceeding against their former employer’s I-140 petition.
The Prior Policy and the “Unknown Revocation” Problem
Prior to Matter of V-S-G Inc. and this Policy Memorandum, if USCIS were to initiate an I-140 […]
USCIS has been very active and relentless in raising the Wage Level I issue in many thousands (if not tens of thousands) of requests for evidence (“RFE”) since June 2017. It has become evident that a successful Wage Level I RFE response must balance very carefully the complexity (or the “specialty occupation”) vs. the entry-level nature of the position. However, many petitioners are relying (some almost exclusively) on a third-party professor opinion letter to make these arguments and our experience and reported USCIS denials suggest that relying on a professor opinion alone may not be sufficient. […]
The U.S. State Department has just released the December 2017 Visa Bulletin which is the third Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the extremely slow forward movement in EB-2 India/China and no movement in EB-3 India. EB-3 China continues to have a more favorable cutoff date than EB-2 China which creates favorable conditions for EB-2 to EB-3 China downgrades. FB-1 Philippines moves back by two years.