Update: PERM Website is down due to Federal Gov’t Shutdown
The PERM PLC website is down due to the Federal Gov’t Shutdown, the website displays the following message:
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The prod perm system is currently Unavailable
This Web application is currently unavailable due to the suspension of Federal government services. It will be available again when the Federal government resumes operations.
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Update: the iCERT system is currently unavailable due to Federal Government Shutdown. It Appears that No LCA’s or Prevailing Wages Can be filed.
By Ashwin Sharma, Esq.
Update: our law office tried to file an ETA 9035/LCA a few moments ago and received the following message:
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The iCERT system is currently unavailable
This Web application is currently unavailable due to the suspension of Federal government services. It will be available again when the Federal government resumes operations.
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- Federal government shuts down (huffingtonpost.com)
- The Republicans Must Aggressively Seek Credit For The Federal Government Shutdown (forbes.com)
U.S. Immigration Services During a Government Shutdown (Updated 10/1/13)
VIA AILA
Department of Labor: The Administration is working very hard to avoid a government shutdown and believes there is sufficient time to avoid such an occurrence; however, prudent management requires the Department to plan for the possibility that it may need to suspend operations should Congress be unable to pass a funding bill by midnight on Monday, September 30, 2013.
OFLC functions are not “excepted” from a shutdown and its employees would be placed in furlough status should a lapse in appropriated funds occur. Consequently, in the event of a government shutdown, OFLC will neither accept nor process any applications or related materials (such as audit responses), it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. OFLC’s web site, including the iCERT Visa Portal System, would become static and unable to process any requests or allow authorized users to access their online accounts.
Further updates will be posted to the Department’s website.
Department of State: The Department will continue as many normal operations as possible; operating status and available funding will need to be monitored continuously and closely, and planning for a lapse in appropriations must be continued.
EOIR: EOIR has indicated that its response to a potential shutdown is the same as it was in 2011. EOIR has been advised to “put its shutdown plans in place.” As with other agencies, personnel who are not considered “essential” will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
Update from EOIR on October 1, 2013: Court functions that support the detained caseload will continue, but other functions are suspended. The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, motions, federal court remands, and bonds.
ICE: From ICE Community Outreach – ICE detention and enforcement operations shall continue. ICE chief counsel trail attorneys will still work on the detained docket only during a shutdown. Please coordinate with your local Chief Counsel Office on more specifics. The ICE Community and Detainee Helpline will remain operational.
USCIS: E-Verify is currently unavailable due to a government shutdown.
Washington Post Round Up of Various Agency Responses on Impact of a Government Shutdown
Related articles
- Immigrants Can Still Be Deported, Arrested During Government Shutdown (thinkprogress.org)
- Your Government Shutdown Survival Guide (on.aol.com)
- Every government shutdown ever, in one chart (washingtonpost.com)
USCIS Blog Warns of Scammers using Caller ID Spoofing
USCIS’ blog, The Beacon, warns of a new scam propogated against USCIS petitioners/applicants:
“In recent weeks, we learned of a new telephone scam targeting USCIS applicants and petitioners. Scammers are using a technique called “Caller ID spoofing” to display a misleading or inaccurate phone number in a recipient’s Caller ID. The scammer poses as a USCIS official and requests personal information (such as Social Security number, passport number, or A-number), identifies supposed issues in the recipient’s immigration records, and asks for payment to correct these records.
If you receive a call like that, USCIS urges you to hang up immediately.
USCIS never asks for any form of payment or personal information over the phone. Do not give payment or personal information over the phone to anyone who claims to be a USCIS official. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.
If you have been a victim of this telephone scam, please report it to the Federal Trade Commission at https://www.ftccomplaintassistant.gov/, or report it to an appropriate state authority. (Visit www.uscis.gov/avoidscams for information on where to report scams in your state.)
If you have a question about your immigration record, please call the National Customer Service Center at 1-800-375-5283, or make an InfoPass appointment by visiting our website at http://infopass.uscis.gov/. “
We have received approvals on our PERM Reconsideration Requests filed subsequent to an “Agricultural Engineer” Denial
English: Experimental farm and Unit of Crop Production of the school of agricultural engineering of the Technical University of Madrid (Spain) Español: Campos de prácticas y edificio del Departamento de Producción Vegetal: Fitotecnia de la ETSI Agrónomos de Madrid (Photo credit: Wikipedia)
Our office has received approvals for PERM cases previously denied by DOL. DOL had indicated in the denial that using the term “Engineering” in advertising for an IT position was essentially overbroad, and that “the job requirements, as described, must represent the employer’s actual minimum requirements for the job opportunity.” The original DOL denial stated:
“the term “Engineering” implies that a degree in any engineering field would enable an applicant to qualify for the position of Senior Software Developer, when in fact, not all engineering degrees would provide an applicant with the necessary skills to perform the duties of a Senior Software Developer. For example, U.S. workers who have a degree in an engineering field like “Agricultural Engineering” are not likely to have the skills necessary to perform, in an acceptable manner, the duties involved in the Senior Software Developer position. Specifically, the curriculum for a degree in Agricultural Engineering focuses on educating students in the analysis and design of machinery, animal housing, and environmental systems for the production, processing, storage, handling, distribution, and use of food, feed, fiber and other biomaterials, and the management of related natural resources, by integrating basic physical and biological sciences with engineering design principles…Because the employer’s education requirements are so broad, the Certifying Officer is unable to determine if these requirements are normal to the position and/or if they are unduly restrictive. Therefore, the Certifying Officer has concluded that an applicant with any engineering degree would not have the skills necessary to perform the duties of the position in an acceptable manner, and as a result, is unable to determine the employer’s actual minimum requirements for the job opportunity.”
Following our reconsideration request, the DOL has approved/certified our client’s PERM cases.
Why Immigration Reform is Good for our Economy
From the White House White Board: Why Immigration Reform is Good for our Economy
USCIS Report: FY2012 Annual Report to Congress on Characteristics of H-1B Specialty Occupation Workers
FY2012 Annual Report to Congress on Characteristics of H-1B Workers
USCIS report to Congress on the characteristics of H-1B filings for FY2012, including statistics on country of birth and age of beneficiary, occupational categories and titles of approved petitions, annual compensation rates, and industry breakdowns.
Board of Immigration Appeals Holds DOMA Irrelevant For Same-Sex Marriage Immigration Cases if Marriage Valid in the State Celebrated
The Board of Immigration Appeals recently held that Section 3 of the Defense of Marriage Act (“DOMA”) is no longer an obstacle to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was held.
A Guide to S.744: Understanding the 2013 Senate Immigration Bill by the Immigration Policy Center
A Guide to S.744: Understanding the 2013 Senate Immigration Bill by the Immigration Policy Center
A Guide to S.744: Understanding the 2013 Senate Immigration Bill
Secretary of State John Kerry’s Statement on Supreme Court Ruling on the Defense of Marriage Act
The U.S. Department of State applauds the Supreme Court’s decision striking down an unjust and discriminatory law and increasing freedom and equality for LGBT Americans.
As a Senator, I voted against DOMA in 1996 and argued that it was unconstitutional. As Secretary of State, I look forward to the work that now can and must be done to adjust rules and regulations that affect the many married Americans who were hurt by this law. While I am incredibly proud of the job that the State Department has done in ensuring equal benefits for our employees, there’s more to be done. To fully implement the requirements and implications of the Court’s decision, we will work with the Department of Justice and other agencies to review all relevant federal statutes as well as the benefits administered by this agency. We will work to swiftly administer these changes to ensure that every employee and their spouse have access to their due benefits regardless of sexual orientation both at home and abroad.
I am proud of the progress we’re making in this arena, and particularly proud that I work for a President who has helped to lead the way forward. From Stonewall to the repeal of ‘Don’t Ask, Don’t Tell,’ despite setbacks along the way, the arc of our history on this issue has bent towards inclusion and equality, perhaps never more so than today.
PRN: 2013/0809
TITLE IV OF THE SENATE’S S.744 IMMIGRATION REFORM BILL – RELATING TO CHANGES IN H-1B, L-1, E-2 NONIMMIGRANT VISAS
TITLE IV–REFORMS TO NONIMMIGRANT VISA PROGRAMS
Subtitle A–Employment-based Nonimmigrant Visas
SEC. 4101. MARKET-BASED H-1B VISA LIMITS.
(a) In General- Section 214(g) (8 U.S.C. 1184(g)) is amended–
(1) in paragraph (1)–
(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)’; and
(B) by amending subparagraph (A) to read as follows:
`(A) under section 101(a)(15)(H)(i)(b) may not exceed the sum of–
`(i) the base allocation calculated under paragraph (9)(A); and
`(ii) the allocation adjustment calculated under paragraph (9)(B); and’;
(2) by redesignating paragraph (10) as subparagraph (D) of paragraph (9);
(3) by redesignating paragraph (9) as paragraph (10); and
(4) by inserting after paragraph (8) the following:
`(9)(A) Except as provided in subparagraph (C), the base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to–
`(i) the sum of–
`(I) the base allocation for the most recently completed fiscal year; and
`(II) the allocation adjustment under subparagraph (B) for the most recently completed fiscal year;
`(ii) if the number calculated under clause (i) is less than 115,000, 115,000; or
`(iii) if the number calculated under clause (i) is more than 180,000, 180,000.
USCIS now considers Same-Sex Marriages valid: Green Card Applications OK
VIA DHS.GOV
Implementation of the Supreme Court Ruling on the Defense of Marriage Act
Statement from Secretary of Homeland Security Janet Napolitano:
English: Official portrait of United States Secretary of Homeland Security Janet Napolitano Español: Retrato oficial de Secretaria de Seguridad Interna de los Estados Unidos Janet Napolitano (Photo credit: Wikipedia)
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
Frequently Asked Questions
The U.S. Immigration Law Blog by Ashwin Sharma 