PERM

Department of Labor – PERM Factsheet

PERM 1

The Department of Labor, the government agency responsible for overseeing the Labor Certification process in Employment Based Green Cards (EB2 and EB3), otherwise known as PERM has issued a fact sheet stating it’s intentions to modernize the PERM requirements and methods.  The fact sheet is likely in response to President Obama’s Executive action in other areas of US immigration that were primarily targeted towards the Department of Homeland Security.  As a Chicago based immigration lawyer regularly dealing with employment based green cards, we are always looking for ways to circumvent the tedious, expensive, and unpredictable PERM process.  As I have discussed in previous blog posts, the processing times for PERM have skyrocketed in the past few years, audits have increased, and denials have increased.  Perhaps Government Officials in charge of Immigration believe by increasing processing times and making the process more challenging and expensive for employers will reduce the amount of applicants, which will in turn reduce the backlog currently faced in the EB3 category and in EB2 for China and India.… Continue reading...

Posted in Department of Labor Factsheet, Immigration Lawyer Blog, PERM |

2014 DOL Statistics for PERM Applications

Department of Labor logo image good resolution

The Department of Labor published statistics for cases filed in 2014, year to date.  The statistics can be found at this link: http://www.foreignlaborcert.doleta.gov/pdf/PERM_Selected_Statistics_FY2014_Q3TD.pdf.

Some interesting observations are PERM applications are down 7% from 2013 year to date.  The decrease in PERM numbers can either be attributed to the backlog or retrogression seen for China and India.  Its unlikely that a decrease in jobs is the reason as it appears that the department of labor jobs numbers have indicated a creation of jobs.  As an Immigration lawyer we get to hear a lot of feedback from Employers.  Unless there is a reason to extend the H1B numbers beyond 6 years, there is not as much motivation to file PERM Applications for Indian and China born Beneficiary’s.

Another interesting statistic is that India accounted for 21,447 or 55% of all applications.  China only accounted for 7% of the PERM applications.  Clearly, Indian PERM applications are the majority of the filings.… Continue reading...

Posted in H1B Specialty Worker Visa, Immigration Lawyer Blog, PERM |

Fairness for High-Skilled Immigrants Act – Let’s Get It Right This Time Around

high skilled immigrants act

Brief History of High-Skilled Immigrants Act

The fairness of High Skilled Immigrants Act was discussed during a February 13, 2013 Senate Hearing.  If you recall, the Bill was introduced to the House in September 2011 and subsequently passed in November 2011 by the U.S. House of Representatives.  It has subsequently been stalled by the Senate.  However, during a Senate Hearing Senator Lee, a Republican from Utah stated he will be introducing the bill in the Senate.

What is the purpose of this Act? 

The purpose of the Fairness of High Skilled Immigrants Act is to “amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.”

Who will be affected under this Act?

As many are aware, the per country limitations is a complete disaster.  By a simple review of the Visa Bulletin, you will see that a skilled worker in the Employment Based Green Card category of EB3 from India has over a 10 year wait time.… Continue reading...

Posted in Comprehensive Immigration Reform, EB1 Extraordinary Ability, EB2 Exceptional Ability, EB3 Professional Skilled Workers, Immigration Lawyer Blog, Immigration Reform, PERM | Tagged , , , , |

Impact of Arbitrary Congressional Caps on Employment Visas

 

The recent discussion about comprehensive Immigration Reform by both Republican and Democratic leaders has been highly encouraging.  As many politicians say however, the Devil is in the details.  It will be very interesting and life changing for many if Comprehensive Immigration Reform is actually passed, and if so, what is actually passed.  A recent blog article by Walter Ewing of Immigration Policy Center (IPC) of the American Immigration Council in Washington, DC. , supported by studies from Think Tanks and Associations such as Brooking Institution and the Kaufman Foundation.  The studies highlighted some of the contributions that Immigrants make to America, through economics, business, and science.  In particular, Ewing’s article cited a study that stated foreigners conservatively contributed $21.8 Billion dollars to the U.S. economy.  Additionally, “the National Science Board estimates that, in 2009, immigrants accounted for 41.6% of all science-and-engineering workers in the United States who had a doctorate and 33.4 percent those with a master’s degree.… Continue reading...

Posted in EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, EB3 Professional Skilled Workers, H1B Specialty Worker Visa, Immigration Lawyer Blog, Immigration Reform, Labor Condition Application (LCA), PERM | Tagged , , , , , , , , |

Comprehensive Immigration Reform – Is it finally here?

Immigration Reform

Following the Presidential Election on November 6 where Latino’s and other Immigrant groups likely played a pivotal role in the outcome of the Presidential and Congressional Elections, there has been an enormous amount of chatter relating to Comprehensive Immigration Reform, from both Republicans & Conservatives as well as Democrats.  Both party’s must have realized that not only is Immigration Reform a huge problem that needs to be finally addressed, but the actual Immigrants are powerful votes that potentially are one of the deciding factors in the past election and elections to come.

In the past 2 days, we have had comments supportive of Comprehensive Immigration Reform from President Obama (Democrat), Speaker John Boehner (Republican), Senate Leader Harry Reid (Democrat), Senator Chuck Schumer (Democrat), Senator Marco Rubio (Republican), several Republican Congressional Leaders, and even Conservative Journalists such as Newt Gingrich and Sean Hannity.  I think Sean Hannity’s comments stick out the most summarizing the Conservatives position as:

“We’ve gotta get rid of the immigration issue altogether.… Continue reading...

Posted in Comprehensive Immigration Reform, EB3 Professional Skilled Workers, H1B Specialty Worker Visa, Immigration Lawyer Blog, Immigration Reform, Marriage Based Green Card, PERM | Tagged , , , , , , , , , , , , |