Here is the message posted by AILA a few days ago. Does not help too much.
Audit Letters
2 reported audit letters giving as the reason for the audit "Your application has indicated you would like to refile and maintain a filing date from a previously submitted Application for Alien Employment Certification (ETA 750)." A copy of the previous ETA 750, "any accepted amendments", proof of receipt by DOL concerning amendments, and, if applicable, acknowledgement of a withdrawal sent by the SWA or DOL were requested.
In addition, a boilerplate letter requested the signed ETA 9089, the recruitment report (resumes were not requested), a copy of the prevailing wage determination, and a copy of the documentation of the advertising and other recruiting. These audit letters also contained standard language requesting "proof of business necessity…if the answer for question H-12 is no, the answer for questions H-13, H-15 or H-17 are yes, or the job duties and/or requirements are beyond those defined for the job by the SOC/O*Net code and Occupational Title provided by the State Workforce Agency." They further requested "documentation…for live-in household domestic workers…if the answer to question H-18 is yes".
3 reported audit letters gave no reason for denial, but simply asked for the signed ETA 9089, the recruitment report (resumes were not requested), a copy of the prevailing wage determination, and a copy of the documentation of the advertising and other recruiting. These audit letters also contained standard language requesting "proof of business necessity…if the answer for question H-12 is no, the answer for questions H-13, H-15 or H-17 are yes, or the job duties and/or requirements are beyond those defined for the job by the SOC/O*Net code and Occupational Title provided by the State Workforce Agency." They further requested "documentation…for live-in household domestic workers…if the answer to question H-18 is yes". It is believed that these were random audits. Two of them were for a well-known employer.
Audit letter requesting business necessity documentation (as well as recruitment documentation) for the Spanish language requirement for an elementary school Spanish teacher.
Approvals
2 reports of special handling cases being approved in 1 day.
2 applications for programmers with either 1 year or no experience required were approved.
6 reports of applications filed in Atlanta shown as approved for 2+ weeks, but no certification received yet.
One report of the client having received the certification rather than the attorney.
One report of an approved application received without the certification stamp.
Application for dentist, no experience required, approved in 3 days.
Application approved for product design engineer, requiring masters in mechanical engineering and 2 years experience. Special skills also required.
Application for chef requiring 2 years experience and special skills filed 6/21, approved 7/8.
Application for accountant, BA plus one year experience, midsized company, filed 7/6, approved 7/14.
Application approved for lighting designer requiring master's degree, no experience and special skills.
Application approved for dental technology manager requiring 4 years of training (including some specialized training) and no experience.
Application approved for chef requiring 2 years experience in job offered.
Application approved for chemical technician requiring bachelor's in chemistry, no experience and special skills.
Application approved for sales engineer requiring master's degree, 4 years experience and special skills.
Application approved for database administrator requiring bachelor's in computer science or computer engineering and 5 years experience in job offered.
Application approved for software developer requiring master's in computer science, no experience and special skills.
Application approved for software engineer requiring master's in computer science, 6 months experience and special skills.
Application approved for software developer requiring master's in computer science, no experience and special skills.
Application on behalf of a copywriter was immediately denied. Attorney noted that the Inc. at the end of the company name had been omitted, and refiled with that filled in. There also was a recruitment step within the past 30 days, which should be accepted under the regulations but which had been a decision logic problem. The second application was subsequently approved, and the first one is in "final review." The attorney would like to withdraw the first one, but so far there is no known process for this.
Filed a PERM on June 21, 2005 and it was certified on July 1, 2005.
Application filed 6/10; approved 6/15 in time to get the I-140/485 filed before the June 30 EB-3 cutoff.
"I have received two approvals. One was approved in two days…One approved about a week after submission."
Two approvals received in about 5 days.
"I filed my very first PERM case online on 6/23/2005. I received the certified application [on] 7/11/05 so processing time was exactly 2 weeks. After I submitted the case online, my client employer received an email from DOL asking them to confirm that the application had been filed for them by their agent. Then DOL followed it up with a telephone call asking the same question, to confirm the filing. No other questions were asked."
Denials
Recent report of 2 denials on basis that beneficiary does not meet minimum requirements, where beneficiary meets the alternative requirements. DOL has been contacted about the problem.
3 reports of screens showing denials where attorney can find no problems. Denial notices not yet received.
Denied where prevailing wage determination pre-dated 3/28.
University's application denied twice. First because the mailing address is not the physical address. After a motion to reopen, it was reset, but denied again for failure to follow the recruitment steps for a professional (it was a special handling application).
6 reported denials of applications mailed in to Chicago, all on the basis that certain blanks on the application were not filled in when, in fact, they had been completed. DOL is looking into the source of the problem.
Filed a PERM, via mail on May 19, 2005 for employer that has no internet access. No receipt or other action received to date.
Mailed-in application rejected because the form did not contain the DOL logo. It did have the OMB approval number and expiration date.
Mailed-in application rejected because the form did not have the OMB approval number and expiration date of 3/31/08.
Pending Cases
3 previously reported erroneous denials, based on one recruitment step for a professional position being within the past 30 days, changed after June 24 to a status indicating they are in process.
3 reports of cases in which the status screen had previously said "audit review" and now say "final review".
4 applications previously denied in error on the basis that the posting had not run for 30 days (when, in fact, it had) changed after June 24 to a status indicating they are in process.
Application filed on March 28, has been in "audit review" ever since.
Applications filed on March 28, 2005, are still in "audit review" while those filed more recently by same attorney were certified within 10 days, according to the status screen. The approved labor certification has not been received yet (it has been approximately 2 weeks).
"My…cases seem to progress to Final Review fairly quickly, and then remain in that status for weeks."
1 previously reported denial (AFTER an audit) of a special handling cases based on failure to do 3 additional forms of advertising (which is not required) has now become a Sponsorship Review.
Special handling case filed 6/14, showed immediately as denied and shortly thereafter changed to sponsorship. Has been in sponsorship for about 30 days, but employer has received no request for verification.
"I have about 10-15…cases in final review and have been there about 3-4 weeks."
Several denied when originally submitted now read audit review...sponsorship…final review.
Several reports of requests, upon employer's attempt to register, for proof of FEIN, proof of the legal name of the company, and evidence of physical location.
Application for graphic designer at small employer submitted 6/18. Language requirement. No alternate education/experience requirements. Went to "denied" after 10 days, then to "sponsorship" after system fix. Has been in that status for 3 weeks now.
Application for cook (no alternate education/experience requirements) went to "denied" after 10 days, then to sponsorship after system fix. Employer failed to respond to the email with the 4 employer questions, but has not received a follow-up phone call.
3 applications on behalf of medical care institutions were initially shown as denied, then went back to sponsorship on 7/8. They are all still pending in that status.
Application filed on 5/17 is still pending. Attorney spoke to analyst in Atlanta, who indicated that it will take another 2 weeks at least because there are a lot of applications pending.
3 applications in final review for more than 60 days.