NEWS
PERM/EB-2
Form I-9 Verification During EAD Production Delays Due to COVID-19
USCIS announced that due to EAD production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of an Application for Employment Authorization (Form I-765) as a Form I-9, Employment Eligibility Verification, List C [...]
10 things to know about the Presidential Proclamation
Infographic listing the most important points about the latest Presidential Proclamation.
Presidential Proclamation Limiting Entry of Certain Nonimmigrants
This evening, President Trump issued a proclamation continuing Proclamation 10014 from April 22nd At the outset, here is what you need to know: Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including, H-1B CAP filings are unaffected Change of Employment and Extensions of nonimmigrant status [...]
Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market
I am writing to provide you with update on what started as a sensational Tweet two days ago – the plan to “suspend immigration” to the United States. We now know what the plan entails, and I am providing you with a short summary offering a bit more clarity and a way to [...]
OFLC Announces Issuance of Electronic PERM Labor Certifications in Response to the Impact of the COVID-19 Pandemic
Due to the impact of the COVID-19 pandemic, the Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that, beginning March 25, 2020, and through June 30, 2020, the Atlanta National Processing Center (NPC) will issue PERM labor certification documents electronically to employers [...]
Form I-9, Employment Verification During COVID-19
DHS Announces Flexibility in Requirements Related to Form I-9 Compliance Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) [...]
OFLC Announces Decommissioning Schedule for the iCERT System Labor Certification Registry
The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders that the iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A, and H-2B visa programs, will be decommissioned. Effective February 28, 2020, members [...]
USCIS Issues Policy Alert on Replacing Permanent Resident Cards (Form I-90)
USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using Form I-90. The effective date for this policy is January 16, 2020. Comments are due by January 30, 2020.
DOL Statistics on PERM from Fourth Quarter FY2019
DOL OFLC posted PERM program statistics as of 9/30/19.
USCIS Announces E-Verify Records Disposal
USCIS announced that on January 2, 2020, it will dispose E-Verify records that are older than 10 years, or dated on or before December 31, 2009. E-Verify employers have until December 31, 2019, to download case information from the Historic Records Report. For more information, please see the I-9 central page.
Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the U.S. Healthcare System
On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system,” effective at 12:01 am (ET) on 11/3/19. Immigrants must have approved health insurance coverage within 30 days of entry, or be able to pay for reasonably foreseeable medical costs. Please see presidential document [...]
BALCA Upholds Denial Based on Procedural Grounds
BALCA found that when an employer requests review by BALCA, rather than filing a MTR, BALCA is only bound to consider information before the CO upon denial and the employer is prevented from supplementing the record with information. (Matter of University of California-Berkeley, 8/30/18) Read BALCA decision(PDF).
BALCA Upholds Denial Based on Newspaper Ads with Multiple Openings
BALCA found that while a single ad may be used for more than one position, it does not sufficiently apprise U.S. workers of an opportunity if it does not include the position’s title and includes a careless summary of duties and requirements. (Matter of Igate Global Solutions, 8/30/18). Read BALCA decision(PDF).
USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark
AILA has received member reports that the USCIS Contact Center (formerly National Customer Service Center, or NCSC) is no longer allowing individuals to place service requests for Forms I-765, Application for Employment Authorization, that have been pending for more than 75 days unless the applications are outside of USCIS's posted processing times. Previously, [...]
New E-Verify.gov Website a User-Friendly Source to Verify Employment Eligibility
USCIS today announced the launch of new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public. The user-friendly website provides information about E-Verify and Form I-9, Employment Eligibility Verification, including employee rights and employer responsibilities in the employment verification [...]
Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days
Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address. USCIS encourages applicants to report a change of address within 10 [...]
PERM Confirmation Process Changed
Department of Labor to Provide Employers With 30 Days to Confirm Filing The Department of Labor (DOL) has communicated that it has changed the sponsorship confirmation process after the filing of a PERM application. The new PERM sponsorship confirmation process provides the employer with 30 days to respond.
USCIS to phase in interviews for employment-based adjustment of status applications
Effective Oct.1, USCIS will begin to phase-in interviews for the Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status). Read the news release.
USCIS Launches Mobile Form for Replacing Green Card
Lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative, can now file their form and upload evidence entirely on a mobile device. The redesign of the online Form I-90 also allows lawful permanent residents to navigate the site more [...]
USCIS Introduces Redesigned Form for Green Card Applicants
USCIS published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The revised version gives applicants better information to accurately complete Form I-485, including clear navigation to the parts of the form and isntructions that are relevant to the applicants’ specific situations. These updates should increase the efficiency of the [...]