Top Tweets for #PERMdelay
Just saw this in a case I am working on and it is absolutely ridiculous that 15 months is the norm for @USDOL to decide #PERM applications. It takes them 8 minutes to do. But it's been five months since the 1st Circuit heard argument in our #PERMDelay appeal with @AttyStevenBrown That's a long time if the case is as simple as @TheJusticeDept claims.
Next time you talk to the attorney handling your petition at [enter employment-based immigration law firm name here], ask them how many arguments they've done in a U.S. Court of Appeals. @AttyStevenBrown is the REAL DEAL! #ActualImpact #WalkingTheTalk #PERMdelay
Alright @BaniasLaw has convinced me to lead our #PERMDelay lawsuit arguments in Boston in Sept. What do you want the Court to know about how #PERMDelays impact you? Especially, the likelihood of having to do multiple PERM filings as you get promoted or change jobs! @rnlawgroup
Alright @BaniasLaw has convinced me to lead our #PERMDelay lawsuit arguments in Boston in Sept. What do you want the Court to know about how #PERMDelays impact you? Especially, the likelihood of having to do multiple PERM filings as you get promoted or change jobs! @rnlawgroup
I fat fingered the number of adjudicators. And I just realized it. It is actually 18 PERM Adjudicators. Based on the info the head of OFLC provided me at his deposition, the chart below summarizes OFLC's resources and projections for completions. #PERMdelay
Dear @DOGE_DOL: The OFLC’s computers do thousands of PERM applications in a day. And then 38 humans review the computer’s work and delay the process for another 14 months. #PERMdelay
Dear @DOGE_DOL: The OFLC’s computers do thousands of PERM applications in a day. And then 38 humans review the computer’s work and delay the process for another 14 months. #PERMdelay
Law requires agencies to consider the needs of its customers when adjudicating applications. However, @USDOL proudly gives no regard to its customers for PERM certifications. #PERMdelay #AOSdelay
In our most recent #PERMDelay deposition with the OFLC Administrator, he testified they are obligated to do X amount per day which came out to 11-13 minutes. He went on to say the previous quarter they did them in approximately 8 minutes. 11-13 minutes was described as the standard.
Keep in mind, DOL in the 2004 regulation anticipated doing 9089s in 45-60 days with a expectation of 100k filed per year. The volume has increased, but not 10X, and funding has increased to OFLC as well.
@AttyStevenBrown @DOGE If you receive 1.2 million (I-765s) per quarter, then you would need 595 employees doing nothing but I-765s. If more than 500k of them have no fee, then you have no resources to pay for more. "It only takes 15 minutes" ignores the CRUSHING volumes and is disingenuous. (2/2)
Happy New Year! Excited for another year of advocating for #H1B #AOSdelay #EB5 #Uvisa #PERMdelay (and whatever else gets thrown at us) because all of these programs are GOOD for my clients and GOOD for America! Win/Win!
With all the discourse over “fraud” everyone seems to think exists the employment based green card context, let’s revisit the deposition of the head of the Office of Foreign Labor Certification responding to a deposition question in the @rnlawgroup @BaniasLaw #PERMDelay lawsuit.
Are there companies that violate the regulations, obviously…we’ve seen that with companies like Facebook. But let’s stop saying the whole process is ripe with fraud.
#greencardbacklog
In March, @BaniasLaw and I had the opportunity to depose the individual with DOL who oversees all aspects of the PERM process as part of our #PERMdelay case. We assumed part of the delay could be justified, but here is our question regarding fraud and his answer. Interestingly, DOL does not view most PERMS as fraudulent, yet it takes over 430 days to adjudicate cases that only take 11-13 minutes to decide.
On Tuesday, @USDOL will have to answer similar questions in court. I wonder if their answers will be the same. #PERMdelay
PERM updates from the 2024 AILA Fall conference: (1) There are 3 PERM applications still pending in the legacy PERM system; (2) The legacy PERM system will be shut down on December 01, 2024 so if you have any applications that you need to grab from the system, do so before that date; (3) To date, 13,830 PERM applications have been adjudicated in the new FLAG system that was implemented last summer; (4) There are 180,740 PERM applications pending in the new FLAG system; (5) DOL does not know at this time if the built in efficiencies with FLAG and the new application will help processing times, but DOL is aware of the long processing times and they are continuously trying to improve. @rnlawgroup #PERMDelays @immigrationgirl @AttyStevenBrown @jessicapalarca
So, in 2008, @USDOL "committed" to issuing Prevailing Wage Determinations in 30 days. Today it takes on average 154 days, and the technology today is just a bit better than it was in 2008. No, PWD receipts have not increased five fold. #PERMdelay #PWDdelay
Another gem from @AttyStevenBrown @USDOL #FOIA requests related to our ongoing #PERMdelay litigation. If you tell the truth, you typically don't have to have workshop answers to "make sure" you "don't mis-state anything." And yes, I was a @TheJusticeDept trial attorney. Why do you ask? Hmmm.
The @USDOL simply failed to respond to our motion for summary judgment in our most recent #PERMdelay case. This isn’t the first time, but it should be the last! #PERMdelay
Joined @AttyStevenBrown and the good folks at WR Immigration for a PERM Podcast last week to chat about the ongoing PERM Delay litigation. #PERMDelay #AOSdelay Check it out here: https://t.co/V0NOb69kf4
I still smile every time I quote the 6th Circuit's brilliant snail analogy. #PERMdelay But if @TheJusticeDept and @USDOL continue to make nearly frivolous arguments that their processing times dictate what is reasonable, I will continue to compare them to snails.
Last Summer DOL voluntarily created new filing system that included new questions for #PERM. To date, they STILL have not created any procedures for these cases. Companies and lawyers are flying blind with the new system. This is a big part of our upcoming #PERMDelay motion for summary judgment that @BaniasLaw, @krystal_alanis, and I are preparing to file shortly. @rnlawgroup
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