Law Offices of P. Michael Khosla & Associates, P.C. Breaking News 3-20-06 www.usimmigration.net

BREAKING NEWS

3-20-06

Visa Bulletin – April 2006: The Visa Bulletin for April 2006 was published at the Dept. of State website at: http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2847.html and a link to it also appears on this website at: http://www.usimmigration.net/pages/15/index.htm. The employment based categories for India and China under EB1/2 showed significant movement for India and China. EB1/2 for India moved forward by 6/6 months and EB1/2 for China moved forward by 6/6 months. However EB3 for India and China slowed down. For India, EB3 moved forward by only 1 month. For China EB3 did not move forward at all. EB3 Worldwide has moved forward only 2 months in the past 6 months from October 05 to April 06. The USDOL is stating on the PERM website (see: http://www.plc.doleta.gov/ ) that it intends to eliminate all the backlog cases by September 30, 2007, which means that in about 18 months over 350,000 pending RIR and non-RIR cases will be adjudicated, which will further adversely affect the immigrant visa movement eventually.

EMPLOYMENT BASED IMMIGRANTNUMBERSFOR APRIL 2006

All Chargeability Areas Except Those Listed / CHINA / INDIA / MEXICO / PHILIP-PINES
Employment-Based
1st / C / 01JAN04 / 01JAN05 / C / C
2nd / C / 01JAN03 / 01JUL02 / C / C
3rd / 01MAY01 / 01MAY01 / 01FEB01 / 08APR01 / 01MAY01
Schedule A Workers / C / C / C / C / C
Other Workers / 01OCT01 / 01OCT01 / 01OCT01 / 01OCT01 / 01OCT01
4th / C / C / C / C / C
Certain Religious Workers / C / C / C / C / C
5th / C / C / C / C / C
Targeted Employment Areas/Regional Centers / C / C / C / C / C

PERM and RIR Approvals – Latest update: We have received 13 PERM (ETA 9089) approvals from Chicago and Atlanta National Processing Centers of the USDOL and 2 RIR approvals from the Philadelphia Backlog Reduction Center of the USDOL in the past 14-day period from 3-4-06 to 3-18-06. The PDF file with the scans of these Alien Labor Certification approvals is viewable by clicking at: http://www.usimmigration.net/pages/46/index.htm

These 13 PERM and 2 RIR approvals for the period 3-4-06 to 3-18-06 have come for the following positions in approximately the following time frame:

Position EB2/EB3 Date Filed Date Certified Approval Time USDOL Center

PERM

Mechanical Engineer EB2 01/27/2006 03/09/2006 41 days Chicago

Software Engineer EB2 09/14/2005 03/09/2006 180 days Chicago (No Audit)

Mechanical Engineer EB2 02/01/2006 03/09/2006 37 days Chicago

Financial Analyst I EB2 08/08/2005 03/07/2006 210 days Chicago (After Audit)

Mechanical Engineer EB2 08/17/2005 03/07/2006 200 days Chicago (After Audit)

Software Engineer EB2 01/26/2006 03/06/2006 39 days Chicago

Software Engineer EB2 03/02/2006 03/06/2006 4 days (!) Atlanta

Software Engineer EB2 01/26/2006 03/03/2006 36 days Chicago

Mechanical Engineer EB2 01/27/2006 03/02/2006 34 days Chicago

Mechanical Engineer EB2 01/19/2006 03/02/2006 42 days Chicago

Software Engineer EB2 02/07/2006 03/02/2006 23 days Chicago

Software Engineer EB2 01/25/2006 02/27/2006 33 days Chicago

Project Engineering Mgr EB2 01/21/2006 02/24/2006 34 days Chicago

RIR

Computer Software Engr. EB3 06/12/2002 02/27/2006 44 months Philadelphia

Computer Hardware Engr. EB3 06/21/2002 01/11/2006 43 months Philadelphia

I-140 approvals – Latest Update: We have received 4 I-140 approvals recently for the period 3-4-06 to 3-18-06. The PDF file with the scans of these I-140 approvals is viewable by clicking at: http://www.usimmigration.net/pages/49/index.htm

Position EB2/EB3 Date Filed Date Approved Approval Time USCIS

I-140

Mechanical Engineer EB3 02/17/2006 03/14/2006 25 days NSC

Mechanical Engineer EB3 02/16/2006 03/08/2006 20 days NSC

Financial Analyst EB2 01/17/2006 03/08/2006 56 days NSC

Software Engineer EB3 08/11/2005 03/03/2006 202 days TSC (after RFE)

Update Regarding PERM and BALCA (Board of Alien Labor Certification Appeals):

BALCA has now received the first PERM appeal and docketed the matter, case #00001. It has agreed to review the matter en banc before the full panel of judges. It has also agreed to expedite its review. It has invited AILA to file an amicus brief. Josie Gonzalez will be heading up the AILA amicus team.

The issue is whether DOL abused its discretion by denying a labor certification involving a perceived "harmless error." The facts are: The employer did advertise on a Sunday but a Monday date was entered on ETA 9089. A request to reconsider/appeal was filed and the tear sheets were submitted to demonstrate Sunday advertising. The employer was otherwise in compliance with the regulations, having tested the labor market unsuccessfully with prevailing wages and working conditions.

We understand that this case is viewed by DOL and BALCA as a "test" case. We know that there are countless other denials involving this same issue. Each practitioner must evaluate their own case and determine what is in the best interest of their client --refile or appeal.

Discussion with the USDOL on PERM and Backlog Elimination Centers: Update from AILA’s DOL Liaison Committee-March 7, 2006: Liaison discussion with Labor Dept. included such issues as PERM denials, processing of reconsideration requests and appeals, BEC cases closed for non-response to 45-day letters, and amendments of applications at the BECs.

On March 6, 2006, AILA Liaison had the first telephone call in a newly established bi-weekly stakeholders telephonic liaison with DOL HQ and the four Center Directors of the National Processing Centers in Atlanta and Chicago and the Backlog Elimination Centers in Dallas and Philadelphia. AILA and DOL had been discussing setting up a liaison with the centers since they opened. We thank John Beverly, Interim Chief, Division of Foreign Labor Certification, for creating a structure for this liaison, which has been modeled after AILA's liaison with Service Center Operations.

The first call addressed ground rules, the need for an agenda for each call and some pressing items. AILA focused on PERM denial issues in general including the lack of activity on motions to reconsider and appeals. AILA also discussed some evolving issues in denials, specifically lack of specificity in ads, experience gained with the employer and newspapers lacking general circulation. DOL indicated that it will look into these issues.

DOL has been holding motions and appeals pending its development and implementation of policies and procedures for the processing of motions and appeals. AILA was told that we should be seeing movement in this area shortly.

AILA was also advised that we should be seeing some activity in connection with the improper case closures for lack of response to the 45 day letters from the Backlog Elimination Centers where the attorney was able to document that a response had indeed been sent. DOL indicated that, in some instances, the employer had replied that the alien was no longer employed but the attorney requested that the case be continued. In those instances, DOL said, it will not reopen the case. DOL stated that it would issue a policy by the end of March with respect to cases that were closed due to non-response to 45-day letters that were never received.

Additionally, AILA was told that we could expect to see some response in the next week or so to AILA’s voluminous lists of cases that have been long pending. Concern was raised regarding lack of response at the BECs to requests to amend applications in the backlog and AILA was told that the requests would just go into the file until it was time to work on the case unless they were aware of the intent to refile.