PERM & H-1B News Update

DOL PERM Labor Certification Guide Recent FAQ Addendum

Q: May attorneys or agents submit applications online if they have an established sub-account under an employer?

A: Attorneys may submit applications only after employers have logged in and established a sub-account. Attorneys must then log in to the PERM system and alter their temporary password to allow for filing of applications.

Q: Would mailing a labor certification application be advantageous to completing the online application?

A: No, mailing in applications will only prolong the processing of your application. Electronically submitted applications and mailed applications are examined and reviewed by the exact same method; however, while electronically submitted applications are reviewed expediently, paper applications are first date stamped, and then manually entered into the electronic system by USCIS data entry staff. Furthermore, the online application will not allow submission if basic mistakes are present (i.e., accidentally leaving a postal code digit out). Paper applications, on the other hand, must be reproduced precisely as written, thus increasing the chance for mistakes, denial, and audit.

H-1B Exemptions Update

USCIS has announced that as of May 20, 2005, 6,393 H1-B petitions have been received. These petitions will be counted as part of the congressionally expanded yearly cap of H1-B visas. The expansion creates 20,000 new visas specifically for temporary foreign workers holding a master's level degree or higher from a United States university.

The H-1B visa is specifically for foreign, highly-skilled, temporary workers. The visa remains valid for a three-year period, after which one three-year extension may be requested.


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