***First off, please think about signing this White House Petition to restore the original visa bulletin, every bit helps! https://petitions.whitehouse.gov/petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss ***
The Department of State (DOS), U.S. Citizenship and Immigration Services (USCIS), and Department of Homeland Security (DHS) have some explaining to do. For the thousands of upset and disappointed individuals out there who were negatively impacted by the abrupt change in the October 2015 visa bulletin, just know that there are people and organizations out there fighting for you!
The American Immigration Lawyers Association (AILA) announced on September 28th that the organization submitted a letter to Secretary of State John Kerry, Secretary of Homeland Security Jeh Johnson, and Director of the Domestic Policy Council Cecilia Muñoz expressing disappointment in the September 25, 2015 changes to the October Visa Bulletin and asking that the dates published in the September 9, 2015 Visa Bulletin be restored. Continue reading
The Department of Labor (DOL) issued PERM statistics for the first 6 months of 2015 (October 01, 2014 to March 31, 2015), and it looks like filed PERM applications are on the rise and India continues to top the list of PERM applications certified so far this year!
Review of Applications Certified in 2015 so Far: Continue reading
Ever wonder why it takes so long just to file a PERM application or if there is a way to reduce the amount of time it takes to file a PERM application? When it comes to PERM, it is important to understand that (1) there is a mandatory recruitment stage that an employer must complete before the PERM filing can actually occur and (2) there are different options an employer has regarding the commencement of the advertisement/recruitment stage of the process.
An employer generally has 2 options when deciding when advertising/recruitment will begin. Both options have proven effective. It usually comes down to the particular circumstances surrounding each individual case and how quickly an application needs to be processed. Each of the options below carries its advantages and disadvantages Continue reading
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
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
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
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
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