Volume IX, Issue 1 March 2015

In This Issue
1. DOL To Cease H-2B Processing as Federal Court Vacates H-2B Regulations
2. United States Unemployment Rate Continues to Fall Under 6%
3. PERM Processing Times as of March 10, 2015

Clients' Comments Corner:
See what our clients are saying about us!

1. DOL To Cease H-2B Processing as Federal Court Vacates H-2B Regulations

Effective immediately, the Department of Labor (DOL) will no longer accept or process requests for prevailing wage determinations or applications for labor certification under the H-2B program. This is a result of the decision on March 4, 2015 in the case of Perez v. Perez. The decision by the federal district court in the Northern District of Florida vacated the DOL’s 2008 H-2B regulations on the ground that the DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. The DOL states on its website that it is “considering its options in light of the court’s decision.”

US Citizenship and Immigration Services (USCIS) has also suspended the adjudication of H-2B petitions since they depend upon the labor certifications issued by the DOL. USCIS will issue a refund for any petition that was submitted using the premium processing service if they did not act on the case within the 15-calendar-day period. In the meantime, some State Workforce Agencies (SWAs) are taking note of the decision and responding by closing any job orders that are currently running in connection with H-2B cases until the matter is resolved.

USADWEB will continue to monitor the situation and inform you if your cases are affected by this suspension.

2. United States Unemployment Rate Continues to Fall Under 6%

As the United States unemployment rate continues to decline below 6%, USADWEB will be discontinuing monthly updates. If the unemployment rate changes to the point that it significantly impacts labor certification cases again, we will resume this monthly feature. Previous unemployment rate charts can still be found in our NewsBlast archives on our website.

3. PERM Processing Times as of March 10, 2015

PERM processing times are important to you and your clients. Therefore, each month USADWEB is pleased to be able to update you on the current processing times for reviews, audits, and appeals as reported on www.icert.doleta.gov:

PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews October 2014
Audits July 2013
Reconsideration Requests to the CO March 2015
Gov't Error Reconsiderations Current

The Office of Foreign Labor Certification (OFLC) is working diligently to reduce the Permanent Labor Certification Program's pending caseload. The dates on the above table reflect the month and year in which applications are now being adjudicated at the Atlanta National Processing Center. If you need assistance with an application that was filed more than 3 months prior to the month posted, you can contact the OFLC Helpdesk at plc.atlanta@dol.gov.

Clients' Comments Corner

USADWEB has consistently provided efficient and reliable services in placing advertisements for labor certifications. Their legwork is invaluable when trying to coordinate multiple advertising listings in different states.

(New York, NY)


USADWEB, LLC. is an innovative advertising agency that understands the immigration needs of companies placing recruitment advertising for labor certification cases in PERM, supervised recruitment, and H2B processes. For more than half a decade, we have helped law offices and companies all over the United States meet the Department of Labor's recruiting requirements. Take advantage of our expertise and relationships with publications throughout the country. Our knowledgeable staff has experience placing all forms of recruitment: newspapers, periodicals, journals, internet job search postings, campus recruitment, radio ads, and more. Contact a representative for more information on placing your ads today!

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USADVolume IX, Issue 1 March 2015

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