The DOL recently released FY 2007 data on the PERM program. The complete report can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf The data revealed that there was an 86% approval rate. The data also revealed that almost 50% of the cases filed required MS degrees or higher which indicates that the EB2 category may remain retrogressed for the foreseeable future. It was also interesting to note that only 21% of all cases filed were filed by the IT industry.
Archive for February, 2008
DOL Releases PERM Data from FY 2007
Thursday, February 28th, 2008February BIM has been published
Wednesday, February 27th, 2008HLG’s February BIM has been published. Our featured article discusses the intersection of the H-1B visa and the Labor Certification and was written by HLG’s Amy Dalal. Click here to read this month’s issue.
H-1 Dependent?
Sunday, February 24th, 2008HLG often gets questions on H-1 dependency, and the rules assocaited with H-1 dependency. Back when the regulations were first drafted, we distributed a Memo to all clients explaining these rules. The Memo is no less relevant today.
Exempt?
Sunday, February 10th, 2008We get many questions about H-1 exempt petitions. The starting point is to ask if the petitioner is a:
1) a University; or
2) a non-profit that is ”related” to a University; or
3) A Non-Profit research organization; or
4) A Non-Profit government research organization
The legal issue is what constitutes “related”. The relevant USCIS Memorandum suggest that the two related organizations must either be co-owned or share ownership or management teams. In practice, however, the law firm has seen a more lenient interpretation of the regulation. We have had many cases approved in situations where the petitioner has a formal affiliation agreement that delegates some of the clinical training to the petitioner or allows a co-mingling of employees between the petitioner and the research or university.
USCIS changes name-check policy
Thursday, February 7th, 2008On Feb 4th, the USCIS issued a new policy stating that they will proceed with the adjudication of certain petitions, most notably I-485 cases if the FBI fingerprint check and IBIS check have both cleared but, where the FBI name check has been pending for more than 180 days without any negative information. It is not known whether this new policy will be extended to H-1b petitions, many of which remain held up in name check delays from FY 2007 filings.
USCIS Issues Helpful Hints for H-1b filings
Monday, February 4th, 2008On Feb 1, the USCIS issued what they term as “Helpful hints” for a successful FY 2009 H1b filing.