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DOL FAQ on Notification and Consideration of Laid-Off U.S. Workers for PERM Applications

11 years ago By Editor

New Frequently Asked Question (FAQ). This FAQ addresses how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089. To read the FAQ, please click here and scroll to the PERM / Recruitment Report subheading 

DOL Updates Statistics on Permanent Labor Certification Program

11 years ago By Editor

DOL statistics on the PERM program includes number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied and withdrawn applications.

Please check the attached document to see the statistics.

Reversal on appeal of I-140 revocation

11 years ago By Rajiv S. Khanna

We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions.  The grounds of appeal in the cases involved:

Failure to prove qualifications of employee because the documentation of experience was insufficient;

Successorship-in-interest of companies, where one company was acquired by another;

Legality of “roving jobs,” consulting positions that require periodic relocation.

Status
Revocation of I-140 reversed

Profession/Occupation

Green Card

I-140 education issue

11 years ago By Rajiv S. Khanna

We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE.  USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees.   We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees.

Status
I-140 approved

Profession/Occupation

Green Card

Office of Foreign Labor Certifications Releases Updated Fact sheet for 3rd Quarter of 2014 for Prevailing Wage Determination

11 years ago By Editor

The Office of Foreign Labor Certification has posted an updated program factsheet containing the Quarter 3 FY 2014 selected statistics for the Prevailing Wage Determination Program, reflecting the correct number of Prevailing wage determinations FYTD. Reports are derived from program data as of 6/30/2014. The updated program factsheets may also be found on OFLC's Performance Data page.

PERM Online System Quick Start Guide For Enhanced Account Management System

11 years ago By Chief Editor

This quick guide is intended for Employers, Attorneys and Agents and their representatives using the PERM system. To enhance PERM Online System security OFLC has upgraded the Account Management features to be consistent with DOL and Federal Government standards. This guide is a quick overview of the account management changes.

Please click the attached guide to learn more.

PERM Processing Times Updated

9 years ago By Chief Editor

The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed. 

PERM Processing Times (as of 04/07/2016)

PERM Denial Based on Typographical Error by DOL Rectified

16 years ago By Chief Editor

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.

Green Card

Form I-140

16 years ago By Chief Editor

We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.

Status
We were able to show the USCIS that the beneficiary's agricultural degree was a Bachelors degree that had components relating to the degree requirements of the labor certification. We obtained the I-140 approval.

Green Card

I-140 RFE Based Upon Three Year Degree Issue

16 years ago By Chief Editor

We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.

Green Card

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