Monthly Archives: October 2017

10
October 2017

DOL Practice Alert: OFLC Changes Sponsorship Process After PERM Filing

The Department of Labor’s (DOL’s) Office of Foreign Labor Certification (OFLC) has changed the sponsorship confirmation process after the filing of a PERM application. Where the previous process provided the employer with only seven days to respond to the sponsorship questionnaire, the new PERM sponsorship confirmation process provides the employer with 30 days to respond. The process is currently in place and is as follows:

  1. After filing the PERM application, the employer will receive an e-mail with the sponsorship questionnaire. The employer’s attorney/agent will be notified that the e-mail has been sent. If the employer does not provide an e-mail address on its PERM application or the PERM application is mailed in, a DOL contractor will contact the employer by telephone to confirm sponsorship.
  2. If after seven days the employer has not completed the sponsorship process, the employer will receive a second e-mail with the sponsorship questionnaire. The employer’s attorney/agent will again be notified that an e-mail has been sent to the employer.
  3. After the second e-mail is sent to the employer, OFLC will not send another e-mail nor will a DOL contractor contact the employer by phone to complete the sponsorship process. Instead, if the employer does not respond after 30 days from the initial email, OFLC has indicated that the PERM application will be reviewed and denied on the basis of non-response.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

 

03
October 2017

Premium Processing Now Available for All Petitioners Seeking H-1B Visas

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions.

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, engineering, and mathematics. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing service fee and continue with expedited processing of the application.

In addition to today’s resumption of premium processing for H-1B visa extension of stay petitions, USCIS had previously resumed premium processing for H-1B petitions subject to the annual cap, petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and certain H-1B petitions that are not subject to the cap.

For more information on how the H-1B visa program is being used, visit the Buy American, Hire American: Putting American Workers First page. This page provides data and information about the hiring practices of employers who use H-1B visas to hire foreign workers.

For more information on USCIS and its programs, please visit uscis.gov.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.

 

02
October 2017

New USCIS Form Streamlines Process to Obtain a Work Authorization Document and Social Security Number Simultaneously

WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.

To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.

EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits. USCIS encourages all U.S. employers to verify the employment eligibility of all new hires through E-Verify.

For additional information on applying for employment authorization, visit USCIS’ EAD page or call the USCIS National Customer Service Center.

For more information on applying for a Social Security card, see this fact sheet.

For more information about USCIS and its programs, please visit uscis.gov.

We serve the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.