DOL Processing Delays Causing Concern for H-1B Max Out Cases

in Green Cards, H-1B, Uncategorized, US DOL

Summary It is critical to start the Green Card process early. Employers should be mindful of the approaching H-1B max out dates to ensure there is sufficient time to obtain an I-140 approval and maintain the status and work authorization for their valuable talent. The days of completing the PERM process within 1 year are gone.  Since the pandemic began, we have seen Department of Labor (“DOL”) processing times slowly increase and have become a major source of stress for our employers as H-1B max out dates approach. As a general rule, H-1B visa holders are entitled to 6 years total in...

19 February

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U.S. Department of Labor Processing Times of PERMs and Prevailing Wages

Posted by gipadmin

in Green Cards, US DOL

Benjamin Brueggemann, Senior Supervising Attorney Increased processing times is the name of the game at the U.S. Department of Labor. This not only goes for PERM applications, but also PERM Audit reviews and Prevailing Wage Requests. The U.S. Department of Labor (DOL) is currently processing PERM cases received in July 2020. Specifically, the DOL states that the average perm application takes about 207 days, which is about 6.9 months. This is extremely high, even for U.S. Department of Labor standards. Historically, PERM processing times have ranged from 3 to 5 months, but now they are at almost 7 months. The hope is that we will see a shift back to more “normal” processing times in the year 2021 as the U.S. Department...

03 August

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USCIS and Department of Labor Enter into Memorandum of Agreement

Posted by gipadmin

in US DOL, USCIS-General

Employer Alert: USCIS and Department of Labor Enter into Memorandum of Agreement The USCIS and Department of Labor (“DOL”) have announced that they have entered into a Memorandum of Agreement (“MOA”) where they will share access and information to the various immigrant and nonimmigrant records and data found within their respective systems. Under this MOA, the Secretary of Labor has been encouraged to utilize a rarely used power to personally initiate investigations into matters raised by USCIS where it appears violations of US DOL regulations may have occurred. This has the potential to create more vigorous and deeper investigations into H-1B employers. This MOA follows from President Trump’s June 22, 2020, Executive Order and per the announcement by USCIS and DOL, it “will...

US DOL

DOL Processing Delays Causing Concern for H-1B Max Out Cases

U.S. Department of Labor Processing Times of PERMs and Prevailing Wages

USCIS and Department of Labor Enter into Memorandum of Agreement

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