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PERM - Labor Certification

PERM Processing Times (as of 8/14/2012)

According to DOL updates as of 8/14/2012, they are working on PERM application filed in the following months: 


Analyst Reviews: June 15, 2012 


Audits: December 2011 


Reconsideration Requests to the CO: September 2011 


Gov’t Error Reconsiderations: Current

NPWC Processing Times (as of 12/06/2013)

NPWC Processing Times (as of 12/06/2013)

 

 Processing Queue Request Date Status<
H-1B September Current
**H-2B November Current
PERM< September Current
   Submission Date  
 Redetermination August Current
 Center Director Rev August Current

 

*Current: PWDs: H-1B 60 days, H-2B 30 days, PERM 60 days. Redeterminations and Center Director Reviews: H-1B 60 days, H-2B 30 days, PERM 60 days.
**H-2B Processing times exclude survey requests

PERM Processing Times (as of 12/6/2013)

PERM Processing Times (as of 12/6/2013)
Processing Queue Priority Dates
Month Year
Analyst Reviews April 2013
Audit Review October 2012
Reconsideration Requests to the CO December 2013
Gov't Error Reconsiderations Current

 

The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed. For various reasons, we may be completing the processing of applications filed prior to the month posted on iCERT. If your application was filed more than 3 months prior to the month posted, you may contact our Helpdesk for a status on the application at plc [dot] atlanta [at] dol [dot] gov.

Labor Certification Registry Fully Recovered and in Full Operation

  • This Labor Certification Registry allows the public to search, analyze, and retrieve labor certification decisions with unprecedented ease, clarity, and timeliness. This new web-based tool is a core component of the iCERT Visa Portal System providing real-time access to labor certification decisions in the PERM, H-1B, H-2A, and H-2B visa programs through one location and searchable along a series of common data points. In addition to the detailed labor certification documents that can be retrieved, this site also provides access to annual and quarterly longitudinal case-level disclosure data in easily accessible formats for more in-depth research and analysis. It is a work in progress, and new features and functionality will be added over time.

For more information click on Labor Certification Registry<</a> .

 

Indefinite H-1 Extensions( on yearly basis) Based On PERM Appeal

As long as PERM appeal is pending (Not, MTR), you can apply for one-year H-1 extensions indefinitely, even beyond 6 years.

DOL Fact Sheets for Fourth Quarter of FY 2013

 Below are Fact Sheets for 4th Quarter of FY 2013 (07/01/2013-09/30/2013)

PERM<</a>

Prevailing Wage Determination<</a>

H-1B LCA<</a> 

 H-2A<</a> 

 H-2B<</a> 

Prevailing Wage Determination Processing Times

The NPWC uses the Prevailing Wage Determination Policy Guidance in issuing wage determinations for the Nonagricultural Immigration Programs. The Department updated the guidance in November 2009 following the publication of the H-2B regulation and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations that affected the prevailing wage determination process. To read the updated Prevailing Wage guidance, pleaseclick here<</a>.

Please click here to view the <</a>NPWC Processing Times (as of 11/06/2013)<</a>

 

PERM Processing Times (as of 11/06/2013)

The PERM Processing Times has been updated. Please click the link below to view the times.
http://www.immigration.com/PERM-processing-dates/perm-processing-times-11062013<</a>

Foreign Labor Certification Questions and Answers

1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov< website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction. The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the program being utilized in his/her behalf. In general the Department of Labor works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a Foreign Labor Certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS.

2. Depending upon the nature of the program the process for filing could vary between months and years. To be of assistance, we have provided on our Web site the current processing times< in the DOL regions and states. Currently, the process to obtain an employment based temporary labor certification (H-2A, H-2B) usually may take months through the state agency and the DOL regional office. However, H-1B processing usually only takes seven working days. The process to obtain an employment based permanent labor certification can sometimes take up to several months after completing the necessary recruitment steps and filing the application with the National Processing Center. The PERM Processing Times are updated monthly and available for view at http://icert.doleta.gov<.

For the employment-based permanent visa, the USCIS may take up to an additional 9 months to process the request. USCIS will provide"premium processing"< for some visa categories with an additional fee.

 

3. Most programs administered by the DOL do not charge fees for a foreign labor certification. Every program does, however, require fees be paid to the USCIS upon filing an application for a visa or greencard. See the individual program (H-2A<) for details regarding DOL fees. See the USCIS <site for details regarding USCIS fees.

 

4. An employer should pro-actively and regularly, advisably once a month or less, monitor the status of an electronically filed labor certification application via the Permanent Case Management System, and compare its filing date, i.e., the date the application was submitted for processing, to the PERM processing times posted on the iCERT Visa Portal System (http://icert.doleta.gov/<). If there is more than a 30-day difference between the employer's filing date and the PERM processing time, the employer may contact the National Processing Center (NPC) for a status update.

An employer who filed a labor certification application via mail may contact the National Processing Center's Help Desk at 404-893-0101 for a status update.

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