Category: Lawful permanent resident


DOS Warns of Increased Diversity Visa Lottery Scamming

August 22nd, 2011 — 10:07am

The Department of State advises of a notable increase in fraudulent e-mails and letters sent to Diversity Immigrant Visa program applicants. The scammers are posing as the U.S. government in an attempt to extract payment from lottery applicants.  Many of the fraudulent emails have elements that make them look legitimate, such as the DOS seal. For more information, click here.

Zulkie Partners is nationally recognized for its command of immigration law. We offer services that cover all aspects of corporate immigration law, including nonimmigrant work visas, permanent residence sponsorship and more.

Connect with us today to learn how we can help you further your hiring goals.

Comment » | Department of State, Lawful permanent resident

PERM Labor Certification Program

December 21st, 2010 — 3:47pm

Most foreign nationals who wish to be eligible for employment-based green cards must do so through the PERM labor certification process by having their employer file a labor certification application with the Department of Labor (DOL). The PERM application certifies that there are no U.S. workers who are willing, able, or available to fill a position offered by an American employer, and the employer must undertake extensive recruitment to prove such. The PERM application also certifies that the employer will pay the sponsored employee the prevailing wage for the job. Once approved or “certified,” the foreign-national employee can petition USCIS for eligibility under one of the employment-based preference categories by filing an I-140 immigrant visa petition.

The largely automated PERM program was introduced in March 2005 and touted by DOL as a new and retooled expedited labor certification process through which employers could begin their sponsorship of valued employees. Nevertheless, the PERM process remains laborious and complicated.

Over the past five years through the issuance of FAQs — DOL’s 11th and latest was issued in August — DOL has retroactively applied new rules to old cases and used the informal FAQ process to create or change its requirements. By forgoing the more formal route of promulgating regulations, which would afford public comment and mandate government consideration, the program remains riddled with deficiencies and uncertainties for employers. Moreover, the application takes about four to six months to prepare, plus another six to ten months for processing by DOL (from online submission to adjudication). And, if DOL requests that the employer’s recruitment and other records be audited, another 15 months will be tacked on for a DOL audit response. Beyond the changing rules and lengthy processing times, perhaps the most disheartening aspect of the process is how unforgiving it is — even the tiniest error on the PERM application can completely derail a case.

So why do employers and their employees bother? Despite these and other hurdles inherent in the PERM labor certification process, this route to permanent residence is often the only viable option for many needed employees. And, the process eventually works: long-time nonimmigrant employees and their families can become green card holders and, later, citizens of the United States. However, employers who anticipate long-term sponsorship of current employees must take particular care to ensure consistency throughout what can be a multi-process, nine- to ten-year immigration odyssey. This can be difficult, especially when the immigration laws are not consistent. For example, a foreign national can be a “professional” for H-1B purposes on the basis of experience and education but not for immigrant visa purposes. Employers also must take care to timely file their PERM applications, especially when their H-1B employees are approaching their final year of their visa status. Indeed, long-term immigration strategies must be considered when hiring H‑1Bs.

Until this system changes, employers and their immigration counsel should actively review pending cases to determine whether additional documentation is required to meet ever-changing DOL requirements. Counsel and employers also are advised to determine from the start the best short- and long-term strategies for their employees.

Zulkie Partners is nationally recognized for its command of immigration law. We offer services that cover all aspects of corporate immigration law, including nonimmigrant work visas, permanent residence sponsorship and more.

Connect with us today to learn how we can help you further your hiring goals.

Comment » | Department of Labor, I-140, I-485, Lawful permanent resident

Updated Guidance on Green Card Visa Number Availability

November 15th, 2010 — 3:55pm

The U.S. Department of State has just released the December Visa Bulletin which contains the following updated guidance on visa availability.

F. VISA AVAILABILITY IN THE COMING MONTHS

Family-sponsored: From early 2009 through September 2010, the level of demand for numbers in the Family-sponsored preference categories was very low. As a result, the cut-off dates for most Family preference categories were advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limits could be fully utilized. As readers were advised in previous Visa Bulletins providing projections of visa availability (e.g., April 2009, January 2010, May 2010, July 2010), such cut-off date advances could not continue indefinitely, and at some point they could slow, stop, or in some cases retrogress.

The level of demand which has been experienced during FY-2011 has resulted in most of the worldwide cut-off dates being held for the month of December. At this time it is not possible to predict when or if these dates may advance further, and there is a distinct possibility that retrogressions could occur as early as January if demand within the established cut-off dates does not appear to be subsiding.

Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.

Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

Employment Second:

China: none to two weeks

India: no movement

Employment Third:

Worldwide: three to six weeks

China: one to three weeks

India: none to two weeks

Mexico: although continued forward movement is expected, no specific projections are possible at this time.

Philippines: three to six weeks

Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

Comment » | Department of State, I-140, I-485, I-551, Lawful permanent resident

Back to top