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PERM - Labor Certification

Mandamus against PERM delays

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.

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

Category: PERM - Labor Certification

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.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

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.

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

PERM FAQ 2 from DOL website

 

For additional FAQs on PERM and Backlog, please see the links below:

http://www.foreignlaborcert.doleta.gov/

http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm

EB-2 / EB-3 PERM Services and Fees

 

The fee schedule for green card through labor certifications as follows: 

 1. Legal Fees (for our Office):

$6,400  (plus, for employee/beneficiary families with more than two children, $500.00 more for each additional child beyond two), $3,200 for preparing the Labor Certification Application ($3,200 at the commencement of the case followed by $2,400 for preparing Form I-140, Immigrant Petition for Alien Worker; and $800 (plus, for employee/beneficiary families with more than two children, $500.00 more for each additional child beyond two) for preparing Form I-485, Application to Adjust Status/Consular Processing. Client will pay $3,200 (plus, for employee/beneficiary families with more than two children, $500.00 more for each additional child beyond two) to Law Offices in case Form I-140 and Form I-485 are to be prepared concurrently. Legal Fee for labor certification has to be borne by the employer (only corporate checks). From I-140 stage onwards, legal fee can be paid by personal/corporate checks.

2. Filing Fees (to the USCIS): Single Applicant
  I-140: $580
  I-485, I-765, I-131, Fingerprinting: $1070
3.

Federal Express Expenses: approximately $400

4.

Advertising Costs: approx. $1000-2000, (Please note that we provide the ad but do not place the ads)

5.

Educational Evaluation: approx.$150-295

6.

Expert opinion in case of an audit: approx. $300-500

Please note: If the application is likely to be complicated, we charge higher amounts for legal fees. Most cases fall in $6,400 range (plus, for employee/beneficiary families with more than two children, $500.00 more for each additional child beyond two).
Note: The filing fee of $1070 includes fee for applications I-485, I-765, and I-131, and fingerprinting irrespective of whether I-765 and I-131 applications are submitted along with I-485.

Guestbook Entry for Ameer Azimuddeen, United States

Name: 
Ameer Azimuddeen
State: 
Massachusetts
Country: 
United States
Comment: 

I thought that i might have to go back to India permanently because labor process is taking 12-18 months.Also i filed my greencard after 4 years of my workpermit (H1B).Awesome work by Mr. Khanna, seema & his team .Rajiv Khanna's office handled my case professionally even at this time of recession.
i got prompt responses from seema for all my queries.I want to convey my special thanks to Mr. Khanna and his team.My labor process got approved.

Posted on: 
8th Apr, 2009

DOL gives PERM processing dates

For recent updates on PERM processing please click here.


http://www.immigration.com/processing-times-and-status-checks

Case type: PERM Denial Based on Typographical Error by DOL Rectified

Category: PERM - Labor Certification

We filed an ETA 9089 (PERM) Petition by mail in July 2008, as the advertisements were expiring and DOL had a delay in registering the company's PERM account. A denial was issued on the grounds that the advertisements and prevailing wage were expired when the case was received for processing. Further inspection noted a typographical error by DOL in the year the case was received.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Case type: Labor Certification

Category: PERM - Labor Certification
Status: Within a period of about 2 weeks we got our client’s Labor Certification approved.

 

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
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