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If you do not have a master's equivalent (3 year Bach + 3 year Mast, or 4-year Bach + 2 yr Mast), or 4-year Bachelor's degree plus 5 years of progressive experience, then you do not traditionally qualify for Eb2 in the eyes of USCIS. ETA750 is obselete since 2005. ETA9089 is the current PERM...

The attorney is correct.

Talk to an attorney who can guide your employer with the process. There are a lot of complex, specific steps that must be taken in order to properly test the US labor market.

Priority Date

Absolutely. The PERM process has many mandatory recruitment steps that must be taken in order to test the US labor market. Only if there are no willing, able, or available US workers may your Labor Certification be filed.

I-140 is immigrant intent. PERM is not.

You cannot reject US applicants unless it is for lawful job-related reasons (for example, if you require a degree in computer science, and the person has a degree in music, it is obvious he/she would not be accepted for the position.) The point of a PERM application is not to 'find reasons to...

Plain & Simple - Your plan is correct.

The employer should email the DOL at plc.help@dol.gov and ask them why the registration has not yet been approved. We have had "freak" instances where DOL has taken a long time for some employers, but in a perfect world that wouldn't happen.

In the past, yes; our record of approval once was 18 hours which was unbelievable. These days though no, PERM takes much longer to process. Perhaps the attorney is talking about the case being 'approved for processing' (i.e. the DOL sponsorship questionnaire has been completed and the DOL...

It depends when this occurred. Prior to mid-2007, it was lawful for the employees to cover PERM/Labor Cert-related costs. However in the DOL's final rule in June/July (can't remember which month) 2007, the employee may no longer cover PERM-related costs. Have you talked to your company about...

The alien for which the application is being submitted should NOT under any circumstances be involved in the PERM/Recruitment process whatsoever, as it casts doubts on the Department of Labor's required "Good Faith" efforts. If the employer is willing to process the petition on his/her own and...

BS + 6 will likely cause SVP issues. B+5 is equivalent to M+ X yrs of experience (1 has been used in the past; i am seeing 2-3 these days.) And no, the advertisement does not need to state the alternative requirements.

The employer must respond "yes" to all of the questions in the questionnaire, as they confirm basic information that has been submitted with the ETA 9089 forms, such as "is the position being offered to (X person)?" etc. From my experience I do not know if the employer will receive that generic...

There is no way YOU can check the status of your labor certification. Your employer/attorney will have a login and password at the DOL website where THEY can check your status. DOL is currently processing cases received in January 2009, so it is likely your case has not been processed yet...

I assume your case has been adjudicated by now. DOL is currently processing January 2009 cases. You can see the current processing times by clicking on the "PERM processing times" link at http://icert.doleta.gov .

Has your case been adjudicated yet? DOL is currently working on January 2009 cases. If yours has NOT been audited and is still pending, your lawyer should place a status query. What do you mean you don't have the case number? Who filed the petition? Your employer or your attorney? By the...

1. Yes 2. No Remember: PERM petitions are filed based on an available POSITION and not based on a PERSON.

You can only extend your H-1 beyond your 6th year based on A.) a labor certification pending for more than one year, or B.) an approved I-140 petition. Talk with your lawyer and see about leaving the country and doing some recapturing of H1 time. Why did you wait so long to start your GC...

Assumedly the draft ETA 9089 will be for review, since the forms are filed electronically and are not signed until after they are certified (and no changes can be made to filed forms.) DOL is currently processing cases initially filed in January 2009, so, you can estimate your processing time...