Articles Posted in DOL

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It is our pleasure to provide our readers with newly released statistics published by the Department of Labor’s Office of Foreign Labor Certification concerning the processing status of the PERM program and Prevailing Wage Determinations. The PERM graphic provides a breakdown for the review of applications certified during FY 2015 by the top 5 occupations, site states, industries, visa classifications, countries of citizenship, and minimum educational requirements. The graphic concerning the National Prevailing Wage Center outlines the determinations requests received for the H-1B program H-2B program, and PERM program FY 2015, breaks down prevailing wage actions, and issuance of prevailing wage determinations for PERM top 5 employers and occupations, H-1B top 5 employers and occupations, and H-2B top 5 employers and occupations.

PERM Graphic

Prevailing Wage Graphic

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National Visa Center Blunders

On July 30th the National Visa Center sent out a notification confirming reports that applicants had been receiving letters or emails from the NVC on July 29, 2015. These letters and/or emails stated that applications would be terminated or that their applications were in the process of being terminated under INA 203(g) for failure to contact the NVC within a year of receiving a notification of the availability of a visa, even if the individual or their legal representative had been in contact with the NVC during the one-year period.

The NVC is taking action to resolve these issued and will send all affected applications a follow up email confirming that their applications are still in process.

Upcoming Congressional Topics on Immigration

On August 4, 2015 the U.S. Senate Committee on Homeland Security and Governmental Affairs will be discussing challenges facing the federal prison system

On August 6, 2015 the U.S. Senate Committee on the Judiciary will hold an Executive Business meeting on the Stop Sanctuary Cities Act and Transnational Drug Trafficking

DOL Power Outage

The Department of Labor Website will be experiencing a power outage from Friday 7/31/15 to Sunday 8/2/15 with service returning on 8/2/15.

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Presently, attorneys Jacob Sapochnick, Esq., Ekaterina Powell, Esq., and Yingfei Zhou, Esq. from our office are in attendance at the 2015 American Immigration Lawyers Association (AILA) Conference on Immigration Law taking place in Washington, DC. Together, they have had the privilege of being present for an open forum where officials from the Department of State and the National Visa Center provided valuable information in regards to modernization of PERM, improvements in visa processing at the National Visa Center, technical issues experienced at U.S. Consulates abroad, H-1B fee announcements, and more!

Technical issues experienced at U.S. Consulates worldwide

1. In regards to technical issues causing delays in visa issuance at U.S. Consulates worldwide, visa issuance is currently frozen. No visas are currently being issued at any U.S. Consulates worldwide. U.S. Consulates are rescheduling appointments for visas that were affected by the technical issues. The DOS is working to repair the hardware, however it will not be until next week when all issues will be resolved. Due to this, there will be a backlog for visa issuance and it will take longer to schedule a consular appointment for a visa.

2. If a visa applicant was affected by the technical issues at a U.S. Consulate abroad and they need to retrieve their passport urgently, they will be able to retrieve their passport, however, in doing so, applicants will forfeit the visa fees they have paid, and will be issued a 221(g) visa denial letter. If applicants are still interested in receiving a visa, they must re-apply and re-pay any visa fees. Applicants who are re-applying must note on future applications that their visa was denied due to a technical glitch. Applicants from visa waiver countries who are concerned that the visa denial will automatically result in an ESTA denial can rest assured. ESTA submissions will not be denied based on the technical glitch. DOS has responded that the technical issues will not affect future visa applications. Continue reading