PERM - Labor Certification News

Office of Foreign Labor Certification Postpones Date for Submitting Revised PERM and CW-1 Forms in the Foreign Labor Application Gateway to June 1, 2023

Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.

Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv : What are the risks involved in renewing F1 visa in another country?

Published by: The Economic Times: August 01, 2022

Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.

Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.

Read more by clicking the link below or the pdf attachment.

https://bit.ly/3Q8z7Hx

 

PERM Processing Times (as of 1/31/2022)

The dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted.

Rajiv's Article - Can student visa holders apply for a Green Card?

Published by: The Economic Times - Date: June 30, 2021 

Synopsis

A green card is considered to have been filed usually when an application for an immigrant visa (Form I-140) is filed with the USCIS. The majority of the green cards require preclearance from the US Department of Labor, referred to as labor certification or PERM petition.

For more on this article please see the attachment below.

PERM Labor Certification Program - Online Registration Program

This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor (Department) is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department’s programs. 

Click here for the presentation.

PERM Appeals Submission and Practice Tips

What is the PERM Appeal Process?

Per 20 CFR 656.24(g), it is an opportunity for an employer to request a Certifying Officer (CO) reconsider denial of an PERM labor certification application (ETA Form 9089)  Per 20 CFR 656.26, it is an opportunity for an employer to directly request BALCA review a CO’s decision to deny an ETA Form 9089.

For more details please click the link for the presentation: 

PERM CMS Will Allow Submission Of Electronic Documentation, Beginning On And After 4/15/17

The new change to the PERM CMS will allow submission of electronic documentation beginning on and after 4/15/17 as announced by DOL.

Please use this User Guide which is designed for employers and attorneys/agents, describes the fundamentals of the Web-based system, including registering, logging in, preparing PERM application, and managing your user account. 

PERM Online System User Guide

OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements

In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish PERM FAQ Round 14 to provide additional information on its applicability to PERM applications and associated prevailing wage requests and determinations.

DOL Releases PERM FAQ on Preparation of Recruitment Report

The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round 13 FAQ is posted on the PERM Program Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm.