• Department of Labor - Green Cards;
• Regulation to Change EAD Validity Period Clears DHS;
• Texas Workforce Commission Outsources Green Card Applications;
• Latest CIS Service Center Processing Times Labor Certification Application (Green Card) Processing Times and Visa Cut Off Dates.

1. Department of Labor - Green Cards.

   Processing Update

   The number of applications processed to completion in each region last year is as follows: Boston-10, 199; New York-11, 667; Philadelphia-12, 916; Atlanta- 12,917; Chicago-12, 124; Dallas-5, 737; San Francisco-13, 329; total number of applications completed was 78,889.

   As of October 31, 2003 the backlog of Permanent Labor Certification applications in the state offices was 265,163 and backlog of applications in Regions was 50,498, the total number comes to 315,661.

   PERM

   The PERM regulations were sent to Office Management and Budget (OMB) by DOL on February 23, 2004. OMB has 90 days time to consider and pass the regulation. OMB however can seek an extension. If there is no substantial comment in regard to the regulation, PERM is expected to go live 120 days after the day of publication. There are currently adequate funds available to implement PERM. However, there is no fixed date for publication as DOL cannot predict if there will be substantial comments from OMB.

   PERM processing centers are expected to be located in Atlanta and Chicago reporting to the National Office. PERM is a major reform, which would help resolve the delays in the labor certification program. It would help speed up processing and there would be greater consistency in adjudications. DOL also plans to organize four seminars on PERM in various locations throughout the country.

   Backlog Reduction

   Until the actual implementation of PERM, the State Workforce Agencies (SWA) will continue accepting cases. On the date of PERM implementation, the size of backlog will be fixed. DOL plans to start the Backlog Reduction Centers very soon, however, the date depends on the implementation date of PERM and other factors. The two Backlog Reduction Centers are expected to be located in Philadelphia and Dallas. Department of Labor (DOL) plans to hire contractors to work on backlog reduction. There will be significant amount of oversight by certifying officers and senior analysts over the contract workers. DOL is currently planning transition of backlogged cases to the Backlog Reduction Centers. The SWAs will continue to be responsible for prevailing wage determination even after the full implementation of PERM program.

2. Regulation to Change EAD Validity Period Clears DHS

   Department of Homeland Security (DHS) has cleared an interim regulation that will allow United States Citizenship and Immigration Services (USCIS) to issue Employment Authorization Documents (EADs) for a time corresponding to the amount of time needed to adjudicate adjustment of status applications. The regulation has been at OMB since March 04, 2004. OMB generally takes 90 days to review a regulation before rejecting or clearing it for publication in the Federal Register. It is unclear as to whether Advance Paroles are covered by this rule.

3. Texas Workforce Commission Outsources Green Card Applications.

   The Texas Workforce Commission (TWC) has outsourced permanent labor certification files to a contractor, Enterject, Inc., (Enterject) Austin, Texas.

   TWC so far has transferred regular labor certification cases filed on and after April 27, 2001, RIR labor certification cases filed on and after October 01, 2003, and Special Handling labor certification cases filed on and after October 01, 2003.

   Enterject is initially contacting all employers to check if the employees still want to continue with the case. The new contract process is called “Labor Trax”. After gathering initial information, Enterject will start working on the cases in chronological order. The RIR and Special Handling cases will most probably have a separate processing time from the basic cases. Enterject is operating with 16 employees working Monday to Friday 8 AM to 8 PM. There is a tremendous amount of backlog of cases at TWC presently.

   After processing, Enterject will send the cases to DOL Region IV office in Dallas for further processing.

4. Latest CIS Service Center Processing Times Labor Certification Application(Green Card) Processing Times and Visa Cut Off Dates:

   USCIS Processing Times

   Labor Certification Application (Green Card) Processing Terms

   Visa Cut Off Dates
   

 

The information contained in our newsletter is general in nature and is not meant for any specific fact pattern or situation nor does it establish an attorney-client relationship. For legal advice, please consult an attorney.

 

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