Is the New Estimated Case Processing Time Better than Before?

On May 5, 2022, USCIS announced changes to simplify and improve how the agency communicates case processing time data to the public. Users can now immediately find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. Additional changes include: Adding drop-down options for form categories will help narrow results to only...

Prevailing Wage Determinations Have Slowed Down But Still Follow FIFO

Processing time of prevailing wage determinations has slowed to about 6 months. DOL does not post avg processing time but only the submission date of the oldest application in its pipeline. Looking at its latest data, the oldest application in its queue as of December 31, 2021 is April 2021. Based on our records, requests for PWD have slowed down from 5 months to 6 months. We are currently...

Be mindful of the new DOL address for PERM cases

On July 16, 2021, the Department of Labor (DOL) announced a new mailing address for its Office of Foreign Labor Certification (OFLC) Atlanta National Processing Center (ANPC) which will become effective on August 25, 2021. What this means for PERM cases, specifically PERM recruitment, is that the notice of filing must show the new address starting September 5, 2021. The new address is: U.S....

Impact of Layoffs during the PERM process

Employers should keep in mind of additional requirements during the PERM process if there has been a layoff within 6 months of filing the PERM application. The relevant regulation states the following: If there has been a layoff by the employer applicant in the area of intended employment within six months of filing an application involving the occupation for which certification is sought or in...

Perpetual H-1B? Almost

Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...

New Prevailing Wage Request Form and Other Updates from DOL

The new Form ETA-9141, Application for Prevailing Wage Determination is set to go live on May 3, 2021. DOL held a webinar on April 27, 2021, regarding the new changes to the form. A presentation slide may be downloaded here. Any saved drafts that haven't been submitted will be deleted on May 3, 2021. Other updates include: Processing time for PERM and prevailing wage determination is not...

DOL Announces Accommodations for Employers in Texas and Oklahoma

DOL’s OFLC has released a FAQ regarding the extent of its accommodations for employers in Texas and Oklahoma who were impacted by the recent weather disaster. Accommodations include, for example, deadline flexibility and guidance relating to unintended changes in worksite. Anyone in these states who has on-going cases relating to PERM, labor certification, prevailing wage request, H-2A, H-2B,...

Additional Time Added for Responding to USCIS notices

Update 08/10/2022 "Additional Time" will continue to be extended until October 23, 2022. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive: Requests for Evidence;Continuations to...

DOL Accepts Request to Re-Issue Wage Determination until February 8, 2021

Employers may now request reissuance of Prevailing Wage Determination PWD, issued from October 8, 2020 through December 4, 2020, which reflected a much higher wage based on the wage methodology used pursuant to an interim final rule which is no longer in effect. The deadline to request reissuance is February 8, 2021. The request must be based on an emergency situation which may be the following:...