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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 May 31, 2017. […]
The U.S. State Department has just released the July 2017 Visa Bulletin which is the tenth Visa Bulletin for the FY2017 fiscal year. The headline in the upcoming month’s Visa Bulletin is the significant 33-month retrogression in EB-3 China, the continued cutoff date for EB-1 India and EB-1 China and the notable forward movement in EB-3 India.
In our office, and in the broader H-1B community, we are seeing instances and reports of H-1B petition RFEs aimed at ensuring compliance with the Simeio-line of guidance issued by USCIS in 2015. Specifically, we are seeing RFEs on H-1B petitions (amendments, mostly, but also for extensions) where USCIS is questioning the timeliness or the lack of the H-1B amendment filings. Our office has handled a number of such RFEs and we share our experience and thoughts on how to best handle them.
The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators. USCIS clarifies that in order to be able to qualify for an H-1B cap exemption based on a U.S. master’s or higher degree, the institution which has awarded such degree must have qualified as a “United States institution of higher education”, or to be accredited, at the time the beneficiary’s degree was earned and not at the time of adjudication […]