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 H-1B regulations impose certain additional recruitment and attestation requirements to so called “H-1B dependent employers.” Therefore, it becomes to understand the definition of H-1B dependent employer. Definition of H-1B Dependent Employer Pursuant to 20 CFR 655.736, an H-1B dependent employer is one which meets one of the following standards: The employer has 25 or fewer full-time equivalent [...]
The Department of Labor has provided an update on the current PERM processing dates as of July 31, 2009. They are as follows: Regular processing: November 2008. Unfortunately, there is no movement in comparison to the April 30, 2009 report which also reported November 2008, resulting a net additional delay of three (3) months for regular [...]
The H-2B filing period for fiscal year 2009 (FY2009) has been reopened by USCIS due to insufficient applications filed under the cap. Accordingly, USCIS accepts immediately new H-2B petitions under the FY2009 cap for starting work date before October 1, 2009. FY2009 H-2B Numbers Are Under the Quota On January 7, 2009, USCIS announced that it has [...]
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, [...]