12 December 2014

Say YES to PERM, Part Deux!

As you all may remember, my very first blog post included an explanation of the benefits of getting the PERM labor certification process started (kick-off to the employment-based green card process) once your employer offers a permanent position to you. Some of the benefits I mentioned are: Continue reading

21 November 2014

EXECUTIVE ACTION ANNOUNCED! EMPLOYMENT BASED INCLUDED!

The President has briefed the nation regarding the much anticipated executive action on immigration! As expected, the President addressed plans that will impact the employment based immigration realm. He has provided us with a general outline of his plan, which will be signed tonight.  Here are some of the expected plans/areas to be addressed: Continue reading

19 November 2014

ANTICIPATION LOOMS: EXECUTIVE ACTION ON IMMIGRATION NEARS!

President Obama is expected to announce executive action on immigration this Thursday. The word around the Hill has focused mainly on the undocumented immigrants, but it is likely that the President’s executive action will include plans to address employment based immigration as well.

If President Obama decides to issue executive orders regarding employment based immigration, there are a few issues that he may touch on: Continue reading

6 November 2014

India Tops List for Certified PERM Applications in 2014!

Hi All! The Department of Labor (DOL) issued Permanent Labor Certification statistics for Fiscal Year 2014 (FY2014) that I thought I would share with you!

The DOL was quite busy with PERM applications in FY2014!  We also see them getting the job done with about a 6 month turnaround for initial review once the application is filed, which is much better than last year when it was taking about 8 months!

For FY2014 (October 1st, 2013 to September 30, 2014), the DOL received 74,936 Permanent Labor Certification applications, with the 4th quarter showing the highest amount received for FY2014.

Total, in FY2014, 62,633 cases have been certified, 4,349 denied, and 4,016 withdrawn.

Further, about 59,901 applications were pending as of 09/30/2014. The processing status of active PERM applications is as follows: Continue reading

26 August 2014

BALCA is Fair, Who Knew?!

Those employers who have filed a Labor Certification on behalf of a foreign worker understand the tediousness involved in this process. The system is relentless and unforgiving and Certifying Officers (CO) have very broad discretion in the decision-making process. Recently, the Board of Alien Labor Certification Appeals (BALCA) has been issuing very logical and fair decisions, which of course is beneficial to Employers. This can especially be seen in a recent en banc BALCA decision.  Continue reading

13 August 2014

Recapture PLUS 7th Year H-1B Extension? YES, YOU CAN!

Hi ALL! Welcome back!

A question was recently posed to me concerning an H-1B, 7th year extension, but there was a little twist involved:

What if I still have time left before the end of my 6th year on H-1B, can my employer request the 7th year extension in anticipation that the filed Labor Certification will still be pending at that time?

 The answer is YES. Continue reading

28 July 2014

Say YES to PERM

Hi ALL! Welcome to my blog. The first thing I would like to discuss today is the PERM Labor Certification process and the importance of getting it started when the opportunity presents itself.  Continue reading