November 2023 USCIS determined that for November 2023, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart. No obvious changes from previous month. October 2023 Final action dates across most employment-based visa categories have seen advancement. This is an encouraging indication that a larger number of visa...
As DOL continues to experience delays in issuing PWD and adjudicating PERM applications, employers must be careful when setting the proposed wage during the PERM process. It must exceed not just the prevailing wage as set by DOL but also exceed the state's (where worksite is located) minimum wage. You do not want to wait 1.5 to 2 years for the PERM to be certified only to find that the I-140 was...
September 2023 September 2023 Visa Bulletin Highlights Family-Sponsored Second Preference (F2A) Retrogression: A significant update has been made regarding the F2A category. A cutoff date of 09/01/2023 has been assigned to the dates of filing chart. This indicates that I-485 based on F2A should be filed within this month, August 2023. Steady Employment-Based Number Use: Employment-based number...
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...
Update January 30, 2023 Just received a batch of prevailing wage determinations (PWD). It seems DOL is issuing determinations of wage requests filed in July 2022. We also got back PWDs of our earliest requests that have been pending since April 2022. No pending wage requests filed before July 2022. Update January 10, 2023 We are receiving PWDs that were filed in June 2022. However, we have some...
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....
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...
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,...
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...
