Audit and Supervised Recruitment Tiers for PERM Applicatons

The Atlanta NPC Team will implement the following plan to induct applications filed into Audit Review and tag cases for possible Supervised Recruitment. This version of the plan has identified 8 criterions that specify types of cases that will be targeted for Audit Review and tagged for possible Supervised Recruitment.

Team Notes: 

DOL Releases its Foreign Labor Certification Annual Report for FY 2012

The 2012 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2012. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and top Country Employment-Based Immigration Profiles. Click here to view the 2012 Annual Report.

Team Notes: 

New 2014 H-2A Adverse Effect Wage Rates

The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected.

Nonimmigrant Visas: 

Government Shutdown -- impact on immigration law

If Congress is unable to reach an agreement regarding the budget on Friday, the government will close at midnight on Saturday April 9. From that time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:
CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty.

Debarment for not responding to PERM audit

At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.


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