Archive for the ‘Labor Certification (PERM)’ Category

Frustrating Issues Remain with DOL iCERT System Even After Government Shutdown Ends

10/29/2013 Written by Andrew M. Wilson

The federal government shutdown is over, but that does not mean that everything is running smoothly again with all federal agencies. There are still post-shutdown issues related to LCA and PERM filings with the Department of Labor (DOL), including LCAs that were submitted in late September that remain pending, PERM applications that were approved on [...]Read More >

Current Trends in PERM Audits

1/28/2013 Written by Andrew M. Wilson

The DOL has stepped up its efforts in scrutinizing PERM filings and is auditing more cases pursuant to a goal of achieving “program integrity”.  The DOL has specifically set a target to audit/or place in supervised recruitment 30% of PERM filings. The American Immigration Lawyers Association (AILA) DOL liaison committee recently provided information on the [...]Read More >

Retaining Employment-Based Priority Date for Future I-140 Filings

8/28/2012 Written by Andrew M. Wilson

One common question that we frequently receive is whether it is possible to keep a priority date from a previously approved I-140 and use it for future green card filings.  An example reads: Example Individual has approved PERM labor certification application filed through Company A.  Individual subsequently has I-140 petition under EB-3 preference category approved [...]Read More >

How to Determine Whether a PERM Labor Certification Green Card Case Falls Under the EB-2 or EB-3 Preference Category

8/23/2012 Written by Andrew M. Wilson

One of the most common inquiries I receive from HR professionals is how to determine whether an employment-based green card case falls under the EB-2 or EB-3 preference category. In general, an EB-2 or EB-3 case will be as follows: EB-2 Employment-Based Second Preference (EB-2) includes: (1) Members of professions holding advanced degrees (Master’s or [...]Read More >

DOL Releases PERM Statistics

3/7/2012 Written by SRW Lawyers

The U.S. Department of Labor, which processes permanent labor certification (PERM) applications for employment-based green card applications, has released statistics on the number of applications processed this year. According to the DOL, nearly 19% of the 17,700 PERM applications submitted this year were denied. The DOL is also currently auditing 26% of the PERM applications [...]Read More >