One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
OFLC appreciates the challenges the regulated community has experienced as a result of the lapse in appropriations, which resulted in the cessation of the operation of OFLC's electronic systems, and further resulted in a backlog of documents submitted to OFLC during that period by mail, hand-delivery, or email. As a result of the government shutdown, OFLC is implementing the following temporary changes to its standard procedures related to document timeliness:
The NPWC uses the Prevailing Wage Determination Policy Guidance in issuing wage determinations for the Nonagricultural Immigration Programs. The Department updated the guidance in November 2009 following the publication of the H-2B regulation and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations that affected the prevailing wage determination process. To read the updated Prevailing Wage guidance, pleaseclick here.
Below are Fact Sheets for 4th Quarter of FY 2013 (07/01/2013-09/30/2013)
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | April | 2013 |
| Audit Review | October | 2012 |
| Reconsideration Requests to the CO | December | 2013 |
| Gov't Error Reconsiderations | Current | |
The processing times has been updated for PERM and NPWC. Please check the links below.
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | May | Month2013 |
| Audit Review | October | 2012 |
| Reconsideration Requests to the CO | January | 2014 |
| Gov't Error Reconsiderations | Current | |
The 2012 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2012. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and top Country Employment-Based Immigration Profiles. Click here to view the 2012 Annual Report.
The Atlanta NPC Team will implement the following plan to induct applications filed into Audit Review and tag cases for possible Supervised Recruitment. This version of the plan has identified 8 criterions that specify types of cases that will be targeted for Audit Review and tagged for possible Supervised Recruitment. The criterions are detailed and labeled below as tiers one, two four, five, seven, eight, eleven and twelve.
For more information click on the attachment
We represented an IT consulting company and a Technical Project Lead employed by them. The PERM was selected for supervised recruitment. USDOL denied certification, alleging that the employer rejected a potentially qualified U.S.
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm.
We represented a consulting company and their employee, a Senior Quality Assurance Analyst. USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements. We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted. We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | January 11 | 2013 |
| Audit Review | July 31 | 2012 |
| Reconsideration Requests to the CO | June 3 | 2013 |
| Gov't Error Reconsiderations | Current | |
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013
| PROCESSING QUEUE | PRIORITY DATES | |
|---|---|---|
| MONTH | YEAR | |
| ANALYST REVIEWS | July | 2013 |
| AUDIT REVIEW | December | 2012 |
| MONTHRECONSIDERATION REQUESTS TO THE CO | March | 2014 |
| GOV'T ERROR RECONSIDERATIONS | Current | |
| DATE | Statistics for |
| FY 2014 | Permanent Labor Certification Program |
| FY 2014 YTD | National Prevailing Wage Center |
| FY 2014 YTD |
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | June | 2013 |
| Audit Review | November | 2012 |
| MonthReconsideration Requests to the CO | February | 2014 |
| Gov't Error Reconsiderations | ||
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
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