Hello and welcome to this immigration minute with Kidambi & Associates. The Department of Labor closed all Backlog Reduction Centers or BECs on September 30, 2007. BEC personnel were then moved to the National Processing Centers. In addition, some State Workforce Agency personnel were also moved to the National Processing Centers.
The National Processing Centers now have additional hands available to process PERM cases and probably also issue audits. Most audits we see are for cases where EB-2 classification is requested, and where the proposed position exceeds the SVP in addition to the truly random audits. We caution clients that the position requirements not the Beneficiary’s qualifications should rule the labor certification. For instance, a company that previously only filed labor certifications for low-level employees will attract DOL scrutiny if they begin filing PERMS for Managers and senior staff. It may just be in your best interest to discuss strategies and ideas to avoid audits before we begin processing your petitions.
Hope you have enjoyed this immigration minute from Kidambi & Associates. Stay tuned for more.