Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 16, 2009 with processing dates as of October 31, 2009.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.
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The Department of State has released its latest Visa Bulletin.
The January 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.
Click here to view the January 2010 Visa Bulletin.
Effective January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.
On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration’s (ETA) appropriate National Processing Center (NPC)–which was designated as the Chicago NPC.
Furthermore, beginning on January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on November 16, 2009 with processing dates as of September 30, 2009.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.
The Department of State has released its latest Visa Bulletin. The December 2009 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.
Click here to view the December 2009 Visa Bulletin.
The Administrative Appeals Office (AAO) Processing Times were released on November 4, 2009 with processing dates as of November 1, 2009
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
• Applicants that have been granted Temporary Protected Status (TPS);
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the nonprofessional position of “Drywall taper.”
The employer filed a LC which was mailed on September 20, 2006 and accepted for processing on September 22, 2006. ETA Form 9089 indicated that the State Workforce Agency (SWA) job order was run from March 22, 2006 through March 26, 2006. The CO issued a denial letter on July 5, 2007 on the basis that the job order was completed more than 180 days prior to the submission of the labor application.
PERM Regulation 20 C.F.R. § 656.17(e)(2) controls and it provides that if the application is for a nonprofessional occupation, the employer must place a job order no more than 180 days before the filing of the application. Furthermore, the filing date for a mailed application is the date the CO stamps it as received, not the postmark date. In the instant case, the SWA job order was placed 184 days prior to the CO’s date stamp. Even if the date was calculated from when the employer shipped the application, the SWA job order was still untimely.
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on October 18, 2009 with processing dates as of August 31, 2009.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.
H1B Visa Lawyer Blog