PERM - Labor Certification

Should you be applying for employment-based green card in this economy?

Should you be applying for employment-based green card in this economy?

A lot of employers have been asking this question in the last few months. Is it even possible to get a labor certification with the US unemployment at a 26-year high.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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NSC Updates – 05/26/09

I-140 backlog  

USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.

I-485 

USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.    

Filing an appeal 

Agency: 

L-1B applying for green card

My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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DOL Updates – 05/19/09

 DOL persuades users to use the new iCERT

The old LCA system will be extended by DOL starting from May 14, 2009 to June 30, 2009. Hence DOL urges users to use the new iCERT during the transition period and to send a feedback on bugs by email.  

Some of the new features implemented by DOL with the launch of the new system  

Agency: 
Nonimmigrant Visas: 

Mandamus against PERM delays

DOL seems to have stopped progressing on the Audit cases. Can litigation alleviate this problem and force them to atleast respond?

All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Labor Cert reopened and approved after case closed for over one year

We have recently been able to successfully reopen a labor certification and get the case approved after it had been closed because of what we feel were errors by two previous lawyers retained by employer. Our client had her case denied and closed over ONE YEAR ago. We were retained for a consultation and in-depth review. It appeared obvious that the employer and the employee were not at fault. It took some effort but the facts were compelling enough that USDOL reopened the case in the interest of justice. The case was approved last week. We truly appreciate the fairness shown by USDOL.

DOL Announces Changes in Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification

[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11954-11956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-104]

-----------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

-----------------------------------------

Agency: 

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