The US Department of Labor (USDOL) has published its statistics for fiscal year 2018, which ended on September 30, 2018. The USDOL certified the majority of the 119,776 labor certification (PERM) applications processed in the last fiscal year. Of the 24,052 applications still in process with the USDOL as of the end of the fiscal year, 64% were still in analyst review and 25% were in audit review. The majority of PERM applications were for: computer and mathematics occupations; positions in California and Texas; positions in the Professional, Scientific and Technical Services or manufacturing industries; and positions requiring at least a bachelor’s degree or higher.  The high rate of certification reflects the low national unemployment rate and tight labor market that employers are facing.  However, American Immigration Lawyers Association members are also reporting an increase in extensive requests for evidence for immigrant worker petitions (I-140) from the US Citizenship & Immigration Services (USCIS), following PERM certification.  At times, these include requests for PERM recruitment documents.  The process for employment-based permanent residence continues to be long and arduous both for nonimmigrants and for their employers.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the November Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 moves ahead 24 days to June 15, 2013, and EB-3 only advances one month to February 1, 2014
  • India: EB-1 remains current, EB-2 advances 23 days to October 8, 2008, and EB-3 remains stalled at October 15, 2006
  • Philippines: EB-2 returns to current and EB-3 moves ahead one month to January 15, 2016
  • All Other Countries: All EB categories are current

PLEASE NOTE:  USCIS has announced that in November it will accept employment-based I-485 applications based only on the Department of State’s Final Action Dates chart.  As in past months, USCIS will NOT honor the Dates for Filing chart

The Department of State has announced that due to technical issues the initial DV-2019 entry period of October 3, 2017, to November 7, 2017, has been closed.  The new DV-2019 entry period will begin at noon (EST) on October 18, 2017, and will remain open until noon (EST) on November 22, 2017. All entries received prior to October 18, 2017 will be cancelled and excluded from the system.  Applicants who submitted entries during that timeframe are advised to submit new entries to be considered in the DV 2019 lottery.