Articles Posted in PERM – Labor Certification

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2014 statistics (first quarter) in the form of program factsheets for each of the major immigration programs. These updated FY2014 statistics (first quarter) cover October 2013 through December 2013.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2014 (first quarter)

The U.S. Department of Labor (DOL), Office of Foreign Labor Certification (OFLC) has provided FY2013 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2013 statistics cover October 2012 through September 2013.

The link to each program factsheet is listed below:

Permanent Labor Certification Program – Select Statistics, FY 2013

The American Immigration Lawyers Association (AILA) has requested information from the federal government agencies involved in the immigration system for updates on their contingency plans in case of a government shutdown. A possible government shutdown could happen as early as October 1, 2013, the beginning of the new fiscal year 2014 (FY2014). AILA has reported that they have not received any updated information at this time. They suggested reviewing the shutdown plans for the last threatened federal government shutdown, which was in 2011.

Below is an excerpt from MVP Law Group’s original blog post on the subject dated (4/8/11).

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The U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Third Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.

Permanent Labor Certification Program

Prevailing Wage Determination Program

The U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Second Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.

Permanent Labor Certification Program

Prevailing Wage Determination Program

Audits are an inherent part of the PERM (Program Electronic Review Management) labor process, which is attestation based. The United States Department of Labor (DOL) has the option to audit any PERM labor case to verify the accuracy of the statements in the PERM Labor Certification (LC) filing and otherwise assess the case. There are two different types of audits. Cases are sometimes selected for audit at random and in other cases, the DOL targets specific case concerns. A recent DOL trend in PERM audits is occurring that requires sworn statements pertaining to the exchange of certain improper payments between the employee (or any other third party) and the employer.

In addition to requests for documentation pertaining to recruitment efforts and related subjects, we have seen an increase in the number of audits where the DOL has begun issuing requests for declarations from the employer and foreign worker regarding details of payment for the labor certification. Under current regulations, all costs related to the PERM labor preparation and filing must be paid by the employer. There are limited exceptions for certain established third-party relationships. The payment-related audits require employers and the foreign worker to sign declarations, under penalty of perjury, stating whether the employer received payments of any kind by the foreign worker or a third party for any activity related to obtaining permanent labor certification.

The audit requests specify that such fees include the employer’s attorney’s fees, advertisement costs, administrative fees, and any other associated costs or fees. The audit further specifies that such payments include wage concessions, kickbacks, bribes or in-kind payments, as well as free labor and/or any other form of payment for services essential to the labor certification process.

The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) has provided FY2012 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2012 statistics cover October 2011 through September 16, 2012. The link to each program factsheet is listed below.

Permanent Labor Certification Program

Prevailing Wage Determination Program

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 14, 2012. Act now and submit your questions!

In EB permanent residence, commonly referred to as “green card,” cases there are and have always been many unknown factors that impact processing times. The timeframes can range by years from one case to the next. Procedures can change in mid-stream, disrupting plans and strategies.

Labor Certification – PERM

All labor certifications are filed under the PERM process. Under PERM, all cases must be pre-advertised. There is a 30-day “quiet period” following the completion of recruitment efforts. The case can only be filed after the 30 days. Thus, the time required for preparation of a PERM case is a combination of this quiet period, a 30-day State Workforce Agency (SWA) job order requirement, a number of recruitment requirements, a job posting, and the need to obtain a prevailing wage determination. Of course, all of the time necessary for the preparation and review of a case, and communication between the lawyer and the employer and/or employee, must also be considered. Additional time is required for the employer to screen resumes submitted in response to recruitment efforts and to interview potentially qualified applicants. Depending upon how quickly the prevailing wage determination is issued, whether the employer has engaged in any recruitment efforts prior to the start of the PERM case, how quickly the employer or employee provides information and documentation, and the number and qualifications of job applicants, it could take as long as four to six months for the PERM case to be ready for filing.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 31, 2012. Act now and submit your questions!