Two weeks ago we wrote about the USCIS Ombudsman recommendation to modify the LCA/H-1B filing process to avoid negative consequences associated with delayed LCAs. As a response, USCIS just announced a temporary change in policy pursuant to which it will temporarily accept H-1B petitions filed without Labor Conditions Applications (LCA) that have been certified by the [...]
The Department of Labor (”DOL”) has released a quarterly report covering the second quarter of 2009 (ending on June 31, 2009) which report indicates the performance measurements for four categories of labor certifications performed by DOL: H-1B Labor Condition Applications (”LCA”). The target performance rate set by DOL is seven (business) days. For the second quarter, [...]
In a formal recommendation to USCIS, its Ombudsman has reviewed the current H-1B filing requirements with respect to LCAs and has concluded that changes to the LCA/H-1B filing process are necessary to avoid a number of negative consequences prejudicing employees and employers alike. The drive behind this policy review by the USCIS Ombudsman is a number [...]
The Department of Labor (”DOL”) has released a quarterly report covering the first quarter of 2009 (ending on March 31, 2009) which report indicates the performance measurements for four categories of labor certifications performed by DOL: H-1B Labor Condition Applications (”LCA”). The target performance rate set by DOL is seven (business) days. For the first quarter, [...]
During the annual AILA conference, Mr. Charles Oppenheim of the Department of State Visa Office (he is the person who is largely involved in the movement of visa numbers) provided some thoughts and predictions on the movement of visa numbers for the remainder of the fiscal year 2009 (FY2009 the end of which is September [...]
The Department of Labor has provided an update on the current PERM processing dates. Unfortunately, delays in PERM processing still remain (we wrote about these in the past: 1 | 2 | 3). During the Spring 2009 AILA conference, DOL has provided some updates on the current PERM processing dates. They are as follows: No audit: [...]
We have mentioned previously in some of our articles the planned replacement of the current PERM and LCA filing systems. Although the replacement of these two systems does not necessarily affect employees and employers as much as it affects immigration attorneys (as immigration attorneys prepare these filings most often), it is helpful to monitor the [...]
In addition to the substantial delays in PERM processing, the Department of Labor (DOL) has indicated that in light of the substantial layoffs and increased unemployment, it would impose a heavier scrutiny on PERM labor certification applications which are the first step of any green card process. In a response to a question posed at a [...]
The Department of Labor’s (DOL) Office of Foreign Labor Certification has released its October 1, 2007 to September 30, 2008 (FY’08) statistics on PERM processing. Although these are statistical estimates and not official results, the numbers are expected to be very close to the final official numbers. We wrote about PERM’s FY’08 mid-year statistics in [...]
The Washington Post published today an article about the H-1B visa program and how its benefits and problems affect immigrants, employers and American workers. The article is fairly short but it compresses the feelings of the three major stakeholders in the H-1B visa program debate. The U.S. Employers The H-1B program was designed to help U.S. companies [...]