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Tuesday, 06 October 2009 |
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As of September 22, 2009, the Department of Labor reports the following processing times: - There are 65,800 PERM applications pending;
- Of that number, approximately 24,600 are in the Audit queue (37% of the PERM case load);
- DOL is currently processing Audit cases received filed on or before October 2007;
- Of that number, appproximately 37,500 applications are in final review (57% of the PERM case load), which refers to applications not yet audited or for which an Audit response has been returned;
- Of that number, approximately 3000 applications (9% of the PERM case load) are in the Request for Review and Request for Reconsiderations queues. DOL is currently working on Requests filed on or before August 2007.
This bleak picture flies in the face of the DOL promise when it implemented the new, "streamlined" PERM system that applications would be adjudicated in 45-60 days. DOL advises it expects this downward spiral and increase in processing times to continue. |
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Friday, 02 October 2009 |
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The Bureau of Customs and Border Protection (CBP), the agency in charge of ports of entry into the United States, advised that, beginning on October 1, 2009, there is a greater likelihood that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at ports of entry versus a grant of deferred inspection. In addition, depending on the nature of the conviction, CBP staffing, and available detention bedspace, among other factors, it also is possible that more returning LPRs with criminal convictions will be detained. CBP confirmed, however, that deferred inspection for such returning LPRs is still an option. CBP explained that it modified its policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for such inspection. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida. All LPRs who have ever been convicted, arrested, or had an interactions with law enforcement should contact an experienced immigration attorney before departing from the United States. The attorneys at Pederson Immigration Law Group are available for such consultations. |
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Friday, 02 October 2009 |
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The Department of Labor announced it has recovered more than $1.5 million in back wages for 272 contract employees at the Vermont Service Center of USCIS. In what can only be termed an irony of substantial proportion, DOL determined that contract employees of USCIS have been paid less than the required wage for services performed. Attorneys who have had problems with the VSC mail room which is staffed by contractors have opined that perhaps unhappy workers believing they are underpaid are responsible for the high error rate. |
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