The Supreme Court has declined to review a long-running legal challenge to the work authorization program for spouses of H-1B visa holders, known as the H-4 EAD. On October 14, 2025, the Court refused to take up Save Jobs USA v. U.S. Department of Homeland Security, effectively ending the case and leaving in place the...
PERM Labor certification/I-140/I-485 Processing
In the current administration, reports have surfaced highlighting an increase in cases of administrative processing. Both visa applicants and legal experts are voicing growing concerns over the extended delays experienced in the visa adjudication process due to this administrative procedure. This article aims to elucidate the nature of administrative processing, explore the different categories it...
The first step to initiating an employer sponsored green card is to request the prevailing wage as part of the PERM process. This requires setting out the job duties and minimum requirements so that the Department of Labor can determine the wage. These prevailing wage determinations (PWDs) are now taking 5-6 months. In the past...
Jul222024
The Foreign Labor Application Gateway, commonly known as FLAG, is the centralized hub for all immigration-related processes concerning employment-based applications, including PERM processing. FLAG serves as a comprehensive platform for submitting and managing prevailing wage requests, Labor Condition Applications (LCAs), and other essential immigration documentation. FLAG recently updated its processing times and unfortunately, they remain...
PERM is the first step in the green card process for most employment-based applicants. This requires the employer to conduct a recruitment campaign in good faith to demonstrate that there are no available, willing and qualified US workers to fill the position in question. To submit a PERM application (ETA 9089) the employer is first...
The Office of Foreign Labor certification (OFLC) is set to implement the 2018 Standard Occupational Classification (SOC) codes on July 1, 2022. Any Labor condition applications (LCAs) submitted prior to July 1, 2022, will be adjudicated based on the 2010 SOC codes. Any applications submitted after July 1, 2022, will be based on the new...
Jun222022
The PERM also known as the Labor certification is the first step in the employment-based green card process. The PERM process starts with the employer conducting a recruitment campaign. Alongside this it is also necessary for the employer to submit a request for the prevailing wage from the Department of Labor (DOL). As part of...
For a long time, processing times for applications filed at USCIS have been spiraling out of control and certain applications do not qualify for premium processing. For example, the current processing time for EB-5 cases is 47-71 months! Imagine investing over half a million dollars, paying a $3,675 filing fee and then having to wait...