One of the common RFE issues raised by USCIS in connection with H-1B petitions is the suitability of the beneficiary’s educational (and experience) qualifications. There are two aspects to this RFE issue — whether the degree itself is a US-equivalent [...]
Our office handles many ETA Form 9089 Permanent Labor Certification (“PERM”) applications and one of the most common questions is what is an overview of the entire PERM process and how long it would take. Below we are [...]
Two months after completing the random H-1B cap lottery, USCIS has started mailing back the H-1B cap applications which were not selected under the random H-1B cap lottery. While the H-1B cap receipts for selected cases were sent out by May 3rd, many employers and applicants who had not heard by now had to assume that their [...]
The Department of Labor has provided some updates for the first quarter of the Fiscal Year 2015 (October 1, 2014 to December 31, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers. DOL Processing Statistics (First Quarter, 2015 Fiscal [...]
The Department of Labor has provided some updates for the fourth quarter of the Fiscal Year 2014 (July 1, 2014 to September 30, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers. DOL Processing Statistics (Fourth Quarter, 2014 Fiscal [...]
The Department of Labor has provided some updates for the third quarter of the Fiscal Year 2014 (April 1, 2014 to June 30, 2014) on their processing of PERM, H-1B LCA and prevailing wage determination cases and we are happy to share them with our clients and readers. DOL Processing Statistics (Third Quarter, 2014 Fiscal [...]
What is BALCA? The Board of Alien Labor Certification Appeals (BALCA) is an administrative body which reviews mainly denials of PERM labor certification cases but it also handles a number of Department of Labor review cases. With respect to PERM denials, BALCA is the appellate body which reviews appeals for PERM denials. BALCA Reverses PERM [...]
The Department of Labor has provided some updates for the first quarter of the Fiscal Year 2014 (October 1, 2013 to December 31, 2013) on their processing of PERM cases and we are happy to share them with our clients and readers. Please note that this period reflects the period of the partial government shutdown [...]
The Department of Labor (DOL) has released the most recent annual report for the Office of Foreign Labor Certification (OFLC). Even though the report was recently released, it is for the 2012 fiscal year (FY2012) which covered the period between October 1, 2011 and September 30, 2012. While we understand that the relevant period is [...]
Our office is getting reports from clients, readers and colleagues from other firms that there is an alarming trend in recent PERM Labor Certification application denials due to an overly broad education requirement. Specifically, DOL denies PERM applications, usually after an audit, with the stated reason that the "educational requirements are too broad, and thus, [...]
