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Wednesday, 09 September 2009 |
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Attorneys, employers and foreign nationals have experienced inexplicable delays and erroneous denials of Labor Condition Applications (LCA) based on the Department of Labor's inability to verify that a particular Federal Employer Identification Number (FEIN) matches the corporate name used by the prospective employer on the LCA. When verification data is sent to the DOL, it takes an additional waiting period to obtain LCA approval. LCA approvals must be obtained before an H-1B petition can be filed. DOL announced it has incorporated the PERM labor certification employer verification database into the iCERT System so that if an employer has had its existence verified in a prior PERM labor certification process, the FEIN information should be in the iCERT database. In another improvement, assuming the employer and FN have several extra days, an employer not previously in iCERT can submit FEIN verification data to the Chicago "LCA Business Verification Team" at
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in advance of filing an LCA to speed up the FEIN verification process. Attorneys have questioned why the DOL cannot check the same databases which attorneys check to make certain the corporate name matches the FEIN number and the corporate existence check. |
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Friday, 04 September 2009 |
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USCIS announced that, as of August 28, 2009, approximately 45,100 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B annual cap of 65,000. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits. |
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Thursday, 30 July 2009 |
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The Department of Labor announced on July 30, 2009, that they are currently working on PERM applications filed on or before November 2008. Given the astronomically high rate of random audits, which puts employers and workers in danger of having to wait about 22 months if the application is audited for any reason, the question remains why the same Department of Labor that promised PERM adjudications in 45 days when the program began in March 2005, now shamelessly announces a mounting backlog. A random audit can be for little or no reason; but the sting is still as virulent, up to two years of waiting. For example, because the PERM application is an online application, no supporting documents are filed with the application. Thus, the DOL may request a copy of a physician's medical license or degree and if that occurs, the case goes into the Audit queue. |
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