Lawyers are reporting that some audited PERM cases have been pending for almost a year. Moreover, the DOL recently announced that it would be auditing all PERM cases filed by the nation’s largest immigration firm. This diversion of resources will undoubtedly lead to further delays in the processing of PERM cases.
It is very difficult for companies and foreign nationals with cases pending for so long to deal with these delays. A prompt certification or even denial of a case allows for some solutions that are lost when it takes the DOL as long as it does to process cases. Especially affected are those who are in the United States and running out of H-1B time.
One recommendation I would make to those employers and individuals who know they want to move forward with Labor Certification is to do so sooner rather than later. Taking into account the likely delays and planning accordngly is the best way to proceed.
According to a DHS Leadership Blog entry posted by Acting Director Scharfen: “After visiting local USCIS offices around the country and reviewing our current production statistics, I am confident USCIS will beat our projected 13- to 15-month processing estimate for completing naturalization applications filed after June 1, 2007while we continue to improve processing times for other applications and petitions. Next month, we will provide you with a detailed report with updated processing times for all USCIS offices.”
The USCIS issued a Fact Sheet on Iraqi Refugee Processing.
According to an article on msnbc.com, a “New York teenager, who emigrated from Poland only five years ago, applied to seven Ivy League schools and was accepted by every one of them.”
Great story. However, imagine the geniuses of similar caliber who study at these great US Universities and end up returning to their home countries rather than benefitting the US. Not because they “used us” but rather because the US won’t allow them to stay due to the lack of available H-1B visas or other viable immigration options.
The USCIS has issued a new Fact Sheet (Q&A) that states that the new two-year EADs are limited to certain individuals who have applied for legal permanent resident status.
According to a USCIS Update: “U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.”
The agency has also published a related Fact Sheet.
The DOS has released the July 2008 Visa Bulletin.
The Employment-Based third preference category (EB-3) is Unavailable for all countries.
According to an interesting article on boston.com: “Traditionally, marriage to a US citizen is one of the easiest ways for immigrants to gain legal residency. But now it can be an uphill battle, even for legitimate couples with children, mortgages, and scrapbooks filled with photos.”
According to a USCIS Press Release: “U.S. Citizenship and Immigration Services (USCIS) announced today it has centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center in Missouri. This change is part of the USCIS initiative to increase the efficiency of case management and improve customer service.”
According to a USCIS Press Release: “U.S. Citizenship and Immigration Services (USCIS) announced today it will revise language in transfer notices received by petitioners who filed a Petition to Remove Conditions on Residence. The current notice includes language that may cause petitioners to believe their cases have been approved.”