Discussion Topics:
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2022 |
| Audit Review | July 2022 |
| Reconsideration Request to the CO | August 2022 |
FAQ‘s:
Others:
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.
The Office of Foreign Labor Certification is providing this update to the public on issuing prevailing wage determinations.
PERM: Became current the week of October 23, 2011
H-1B: Became current the week of November 6, 2011
H-2B: Anticipated becoming current the week of November 27, 2011
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
Petitioner is a university that sought to employ the beneficiary permanently in the United States as an Assistant Professor of Clinical Biostatistics. In this respect, the university sought to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(1)(B) of the INA. USCIS initially denied the petition on the grounds that the beneficiary had not achieved the outstanding level of achievement required for being classified as an outstanding researcher.
This Fact Sheet presents statistics regarding Permanent Labor Certification program applications submitted during the first quarter of FY 2012. This Fact Sheet is now available on the iCERT Portal under the "PERM Processing Times" tab and will be routinely updated in the future.
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.