On June 27, 2023, the Office of Foreign Labor Certification (OFLC) released this year’s Appendix A, which implements the new list of professional occupations for the July 2023 through June 2024 wage year and will be effective starting July 1, 2023.
By way of background, on Nov. 15, 2021, the Employment and Training Administration issued
The Greenberg Traurig team recently assisted a medical products client with a rush I-140 immigrant petition requesting a National Interest Waiver (NIW) to allow one of the client’s development engineers to extend their H-1B status beyond the six-year H-1B maximum. The employee’s PERM labor certification remained pending and the employee’s H-1B max out date was
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position. However, DOL recognizes nurses and physical therapists as shortage occupations or “Schedule A” occupations
On April 21, 2023, the Department of Labor (DOL)’s Office of Foreign Labor Certification (OFLC) announced that after May 15, 2023, at 6:59 p.m. EST, they would no longer accept ETA-9089 applications via their legacy PERM Online System. Thereafter, all ETA-9089 applications must be filed using the DOL’s FLAG system, and OFLC will no
The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) recently held webinars to guide users on upcoming changes to the Form ETA 9089. The objective of these changes is to streamline and standardize the information that employers submit when preparing PERM applications. The DOL hopes these changes will provide greater efficiency and
The U.S. Department of Labor (DOL) recently posted the April 2023 edition of their monthly updates regarding DOL processing times for permanent labor certification applications (PERM) and prevailing wage determination (PWD) requests, both important components of the most common employment-based green card route.
As of March 31, 2023, the DOL was adjudicating PERM applications filed
U.S. Immigration and Customs Enforcement (“ICE”) announced a three-prong approach to ensuring U.S. employers are hiring legally authorized workers. ICE’s strategy focuses on:
Every year on July 1, the U.S. Department of Labor (DOL) publishes updates to the Foreign Labor Certification Data Center Online Wage Library. These updates typically include changes to the prevailing wages and may also include revisions to or additions of certain occupational classifications.
The DOL Online Wage Library is the primary source of prevailing
Three recent BALCA decisions give employers some flexibility when preparing and filing PERM Labor Certification applications. Specifically, the decisions address: (1) employer website recruitment efforts; (2) using alternate wage surveys at the prevailing wage stage; and (3) Sunday newspaper circulation and the definition of “area of intended employment.” Below are the three cases:
Continue Reading Three Recent BALCA Decisions Provide Subtle, Yet Important Pro-Employer Holdings For PERM Filings