Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2022 |
| Audit Review | April 2022 |
| Reconsideration Request to the CO | July 2022 |
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | October 2022 |
| Audit Review | June 2022 |
| Reconsideration Request to the CO | December 2022 |
Discussion Topics:
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2022 |
| Audit Review | July 2022 |
| Reconsideration Request to the CO | August 2022 |
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.
Release Date
01/23/2023
U.S. Citizenship and Immigration Services today announced that certain asylum applicants can now file Form I-765, Application for Employment Authorization, online.
Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online.
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.
USCIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
Please check the attached memo.
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.