Immigration

PERM prevailing wage determinations update

Friday, October 21st, 2011

Current processing time for PERM prevailing wage determinations is approximately 56 days.

October 27, 2011

We received prevailing wage determinations today that we filed on September 9, 2011.

October 21, 2011

We received prevailing wage determinations today that we filed on August 29, 2011.

October 20, 2011

We received prevailing wage determinations today that we filed on August 25, 2011.

October 13, 2011

We received prevailing wage determinations today that we filed on August 10, 2011.

October 6, 2011

We received prevailing wage determinations today that we filed on July 27, 2011.

October 5, 2011

We received prevailing wage determinations today that we filed on July 26, 2011.

September 29, 2011

We received prevailing wage determinations today that we filed on July 14, 2011.

September 27, 2011

We received prevailing wage determinations today that we filed on July 11 2011.

September 22, 2011

We received prevailing wage determinations today that we filed on July 5 and July 6 2011.

September 20, 2011

We received prevailing wage determinations today that we filed on June 28 and June 30, 2011.

September 16, 2011

We received prevailing wage determinations today that we filed on June 24, 2011.

September 15, 2011

We received a prevailing wage determination today that we filed on June 23, 2011.

September 13, 2011

We received a prevailing wage determination today that we filed on June 22, 2011.

September 12, 2011

We received a prevailing wage determination today that we filed on June 20, 2011.

September 8, 2011

We received a prevailing wage determination today that we filed on June 15, 2011.

September 2, 2011

We received a prevailing wage determination today that we filed on June 13, 2011.

August 30, 2011

Today our office received a prevailing wage determination that we filed on June 10, 2011. Hopefully this is the start of more good news. We will keep this post updated.

August 25, 2011

DOL Liaison has received reports from members that PERM prevailing wage determinations are beginning to be received for requests submitted in early June 2011.

Additionally, AILA has been in discussions with other stakeholders on possible courses of action, including individual mandamus actions, if DOL does not resume issuing prevailing wage determinations promptly

Posted in Employer Sponsored Green Card, Immigration


H.R. 3012. One simple action item. Make phone-calls. Remove the per-country quota from employment based immigration.

Thursday, October 20th, 2011

From Aman Kapoor at immigrationvoice.org:

We need one simple action item from you for Thursday and Friday this week — make calls the offices listed below and say one simple thing :

“My name is _______. I would like Congressman/Congresswoman ______ to support H.R. 3012 that removes the per-country quota from employment based immigration. Thank you”.

Below are the phone numbers and names of Congressman and Congresswomen in House Judiciary Committee that really matter this week and next week for this bill. Spare 15 minutes of time to do this and just do it if you have not already. If you called earlier this week, call again. Numbers matter. Call volume matters. Democracy works only for those who show up. It’s time to do your part.

  1. Rep.Lamar Smith [TX, 21st District] – 202-225-4236
  2. Rep.Jason Chaffetz [UT, 3rd District] – 202-225-7751
  3. Rep.Bob Goodlatte [VA, 6th District] – 202-225-5431
  4. Rep.Zoe Lofgren [CA, 16th District] – 202-225-3072
  5. Rep.Pedro Pierluisi [Puerto Rico] – 202-225-2615
  6. Rep.John Conyers [MI, 14th District] – 202-225-5126
  7. Rep.Howard Berman [CA, 28th District] – 202-225-4695
  8. Rep. Elton Gallegly [CA – 24th District] – 202-225-5811
  9. Rep.Steve Chabot [OH, 1st District]- 202-225-2216
  10. Rep.Darrell Issa [CA, 49th District] – 202-225-3906
  11. Rep.James Sensenbrenner [WI, 5th District] – 202-225-5101
  12. Rep. Howard Coble [NC, 6th District] – 202-225-3065
  13. Rep.Daniel Lungren [CA, 3rd District] – 202-225-5716
  14. Rep.Mike Pence [IN, 6th District] – 202-225-3021
  15. Rep.Randy Forbes [VA, 4th District]- 202-225-6365
  16. Rep.Trent Franks [AZ-2nd District] – 202-225-4576
  17. Rep.Louie Gohmert [TX, 1st District] – 202-225-3035
  18. Rep.Jim Jordan [OH, 4th District] – 202-225-2676
  19. Rep.Ted Poe [TX, 2nd District] – 202-225-6565
  20. Rep.Tim Griffin [AR, 2nd District] – 202-225-2506
  21. Rep.Tom Marino [PA, 10th District] – 202-225-3731
  22. Rep.Trey Gowdy [SC, 4th District] – 202-225-6030
  23. Rep.Dennis Ross [FL, 12th District] – 202-225-1252
  24. Rep.Sandy Adams [FL, 24th District] – 202-225-2706
  25. Rep.Ben Quayle [AZ, 3rd District] – 202-225-3361
  26. Rep. Mark Amodei [NV, 2nd District] – 202-225-6155
  27. Rep.Jerold Nadler [NY, 8th District] – 202-225-5635
  28. Rep.Robert Scott [VA, 3rd District] – 202-225-8351
  29. Rep.Mel Watt [NC, 12th District] – 202-225-1510
  30. Rep. Sheila Jackson Lee [TX, 18th District] – 202-225-3816
  31. Rep.Maxine Waters [CA, 25th District] – 202-225-2201
  32. Rep.Steve Cohen [TN, 9th District] – 202-225-3265
  33. Rep.Henry Johnson [GA, 4th District] – 202-225-1605
  34. Rep.Mike Quigley [IL, 5th District] – 202-225-4061
  35. Rep. Judy Chu [CA, 32nd District] – 202-225-5464
  36. Rep.Ted Deutch [FL, 19th District] – 202-225-3001
  37. Rep.Linda Sanchez [CA, 39th District] – 202-225-6676

 

Posted in Employer Sponsored Green Card, Immigration


November Visa Bulletin – Employment Based

Thursday, October 6th, 2011

Please click here for the November 2011 Employment based dates

Posted in Immigration


AILA to USCIS: Original I-797s Must Go to Attorney of Record

Thursday, September 22nd, 2011

USCIS has advised AILA Liaison that the change in processing of I-797 approval notices and the mailing of “courtesy copy” notices to the attorney of record is the result of a planned change in the CLAIMS III management system.

AILA Liaison has advised USCIS of the consequences of the processing change and has urged USCIS to return to the prior notification procedure immediately.

Posted in Employer Sponsored Green Card, H-1B Visa, Immigration


DOL Replaces PERM FAQ on Special Recruitment for College and University Teachers

Thursday, September 8th, 2011

Question: Is the employer permitted to use an electronic or web-based national professional journal instead of a print journal when conducting recruitment under 20 CFR 656.18, Optional special recruitment and documentation procedures for college and university teachers?

Answer:

Yes, an employer may use an electronic or web-based national professional journal to satisfy the provision found at 20 CFR 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers.

The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal’s website.

Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.

Posted in Employer Sponsored Green Card, Immigration


Visa Bulletin dates added to home page for easy reference

Monday, August 1st, 2011

We have added the Visa Bulletin dates to our site for easy reference. Please click here for the Employment based dates:

Posted in Immigration


Prevailing Wage Determination Delays

Monday, August 1st, 2011

7/29/11.

The OFLC National Prevailing Wage Center has announced:

The OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule will be published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC.

Posted in Employer Sponsored Green Card, Immigration


Employer Liability and Cancelling H-1B petitions

Thursday, July 28th, 2011

In a recent ruling, GANZE & COMPANY, the US DOL has stated that the employer must meet all three criteria below to avoid wage liability.

To avoid back pay liability of H-1B employee, the employer must:

  1. Notify USCIS of termination.
  2. Notify Employee of termination pursuant to State Law.
  3. Offer to Pay return fare.

Posted in H-1B Visa, Immigration


New York challenges Defense of Marriage Act

Thursday, July 28th, 2011

(Reuters) – Two days after same-sex marriage became legal in New York, the state’s attorney general has taken legal action challenging the constitutionality of the U.S. law which defines marriage as between a man and woman.

In court papers filed on Tuesday in U.S. federal court in Manhattan, New York Attorney General Eric Schneiderman said the Defense of Marriage Act, or DOMA, violates same-sex couples’ right to equal protection under the U.S. Constitution.

The 1996 law prohibits same-sex couples from receiving marriage-based benefits such as Social Security survivor benefits, health benefits and the right to file taxes jointly.

Schneiderman argued the law intrudes on the state’s right to regulate marriage. On Sunday, gay couples began to marry in New York after it was made legal.

New York is the sixth and largest U.S. state to allow same-sex marriage. Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and the District of Columbia also do so.

“By discriminating among married couples based on sexual orientation and sex, DOMA deprives New York of the ability to extend true equality to all marriages valid in the State,” Schneiderman wrote.

Schneiderman made his arguments in support of a case brought by Edie Windsor, a woman who sued the United States last year after an inheritance from her former partner was taxed. Windsor, who was married in Canada in 2007, said she had to pay $350,000 in inheritance tax in 2009 after the federal government refused to recognize her marriage.

Windsor argued she “was forced to pay in violation of the constitutional guarantee of equal protection of the law.”

In February, the Obama administration announced it would no longer defend the Defense of Marriage Act’s section which defines marriage as between a man and woman.

http://www.reuters.com/article/2011/07/26/us-gaymarriage-newyork-doma-idUSTRE76P7BT20110726

Posted in Immigration


DOL Delays in Processing Prevailing Wage Determinations

Monday, July 25th, 2011

We received the following email message from the DOL regarding the delay in our Prevailing Wage Requests:

Thank you for your inquiry.

The NPWC is currently experiencing delays in processing prevailing wage determinations as it is working to reissue certain prevailing wage determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. We continue to encourage all requestors to submit their ETA Form 9141 at least 60 days in advance of the employer’s initial recruitment efforts.

Thank You, NPWC

The June 15, 2011 court order stems from the August 30, 2010 decision in CATA v. Solis, where the district court ordered DOL to promulgate new H-2B prevailing wage regulations. AILA has contacted DOL for additional information on steps it is taking to comply with the court order, including how long it will take to reissue the H-2B wage determinations, and the short-/long-term impact of the order on prevailing wage processing times.

This delay has the unintended consequence of hurting applicants with time sensitive applications, specifically those in the 5th year of H-1B status and those approaching the start of of their 5th year in H-1B status. This is because applicants with a PERM case pending for 12 months are eligible to extend their H-1B status for 1 year beyond the normal 6 year period.

We hope that the DOL will catch up quickly and get back to the 21 days processing time that we were used to up until the end of May.

We will post updates as we receive them from DOL.

Posted in Employer Sponsored Green Card, H-1B Visa, Immigration


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