One of our major practices is the processing of employment-based permanent residency applications, most of which require an ETA 9089 PERM labor certification. As a result, we handle a number of PERM labor certifications filings, appeals and other related matters. Our office has been receiving an increasing number of inquiries about possible increase in PERM [...]
The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of May 31, 2010. They are as follows: Regular processing: August 2009. DOL is processing PERM applications with priority dates in August of 2009. This suggests that there is certain forward movement for regular PERM processing. Accordingly, regular PERM [...]
On March 25, 2010, the Department of Labor ("DOL") held a stakeholders telephone conference to discuss DOL operations generally, and address PERM, iCERT prevailing wage and other specific areas. We are happy to share some interesting pieces of information from DOL. PERM Processing. With respect to PERM processing, DOL has made efforts to decrease its [...]
In a decision dated as of March 26, 2010, the Administrative Appeals Office (AAO) has spelled out what we think is an an important policy change affecting employment-based permanent residency applicants who are beneficiaries of a labor certification either as a substitute or as the initial beneficiary of a subsequently-substituted labor certification. Brief Background on [...]
Two weeks ago we wrote about the USCIS Ombudsman recommendation to modify the LCA/H-1B filing process to avoid negative consequences associated with delayed LCAs. As a response, USCIS just announced a temporary change in policy pursuant to which it will temporarily accept H-1B petitions filed without Labor Conditions Applications (LCA) that have been certified by the [...]
The Department of Labor (”DOL”) has released a quarterly report covering the second quarter of 2009 (ending on June 31, 2009) which report indicates the performance measurements for four categories of labor certifications performed by DOL: H-1B Labor Condition Applications (”LCA”). The target performance rate set by DOL is seven (business) days. For the second quarter, [...]
Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions made by [...]
The Department of Labor has provided an update on the current PERM processing dates as of July 31, 2009. They are as follows: Regular processing: November 2008. Unfortunately, there is no movement in comparison to the April 30, 2009 report which also reported November 2008, resulting a net additional delay of three (3) months for regular [...]
The Department of Labor (”DOL”) has released a quarterly report covering the first quarter of 2009 (ending on March 31, 2009) which report indicates the performance measurements for four categories of labor certifications performed by DOL: H-1B Labor Condition Applications (”LCA”). The target performance rate set by DOL is seven (business) days. For the first quarter, [...]