09/17/2008 - DOL released the following statement
"The Department has been presented with evidence indicating that prior to its recent audits, many immigration attorneys believed that the Department’s rule regarding consideration of U.S. workers did not apply to them unless they represented not only the employer seeking the labor certification, but also the alien for whom the certification was being sought. That interpretation is incorrect, as the Department’s recently issued PERM program clarifying guidance makes clear. Nevertheless, the Department will apply the requirements of the consideration rule as interpreted by its recent guidance only to labor certification applications the recruitment for which was begun after August 29, 2008, the date on which the Department’s final guidance was issued. All pending audits triggered exclusively by consideration rule concerns are therefore being released and will be processed in accordance with their original filing date"
If you pay close attention to " in accordance with their original filing date" in the last line, This would mean that they will now be looking to release audited PERM cases that were wrongly audits for reasons mentioned above.
Does this mean that the PERM cases that are pending and not audited will take even longer. I see the minimum time it is taking is about 120 days. Is it going to get even worse?
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Atlanta has limited resources that they don't know how to use. Everything is taking longer and longer and everyone's affected until the date of approval.
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Please Help and Advise ...
my perm was filed May 11 08 ...according to my attorney case still pending and he has not received any thing from DOL. it is now 130 days. what should I do..I noticed that on trackitt all cases are to be certified audit or denied within 122 days max. what this means to my case. the attorney already sent an email and received same generic response that case is still pending. case was originally filed at the Chicago center. any feedback
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we have the same perm application date. Is there any news? =)
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There are ppl who have been waiting for more than a year (after Audits). If the recently released statement stands true, then they will be approved first before anyone else. It will be a true FIFO (and it should be...for the system to be fair). So, go back to sleep and wait in line.
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the recently released statement about taking perm applications out from audit only applies to special audit cases from Fragomen as lwayer..
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Can you please let me know which Audit cases will now be processed
1) Cases filed before Aug 2008?
2) Cases filed by Fragomen only?
3) Cases filed by Fragomen and Other Attorneys as well?
4) Cases filed by Other Attorneys other than Fragomen?
Example:
My PERM was applied in Jan 2008 by our company's immigration attorney. This attorney is not a Fragomen Attorney.
So will my case and other cases similar to mine will now be processed?
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