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Volume X, Issue 4 September 2016

In This Issue 

1. PERM Modernization 'Highly Unlikely' Before End of Obama Administration
2. ETA Announces Streamlining of H-2B Process for Non-Agricultural Employers
United States Unemployment Rate August 2016
3. PERM Processing Times as of September 1, 2016 

1. PERM Modernization 'Highly Unlikely' Before End of Obama Administration

The American Immigration Lawyers Association (AILA) reported in a DOL Alert (AILA Doc. No. 16091402) that the much anticipated modernization of the PERM regulations is unlikely to be implemented before President Obama leaves office in January 2017. Earlier reports from the Department of Labor (DOL) indicated that the Department expected the updated regulations to be finalized before the end of the current administration. However, in the DOL stakeholder meeting on September 12, 2016, Acting Office of Foreign Labor Certification (OFLC) Administrator William Thompson confirmed that the draft regulation is still under review by the federal Office of Management and Budget Review (OMB) and that implementation of the final regulations by January is "highly unlikely." AILA reports that a Notice of Proposed Rulemaking (NPRM) may still be released in the upcoming months, but that "any major changes to the PERM program do not appear to be imminent at this time."

2. ETA Announces Streamlining of H-2B Process for Non-Agricultural Employers

Effective September 1, 2016, the Employment and Training Administration (ETA) announced a procedural change in order to streamline the H-2B process for non-agricultural employers. Currently employers are required to complete a "Statement of Temporary Need" on the Form ETA-9142B. Many employers supplement this by providing supporting documentation such as monthly invoices and payroll records to demonstrate that the position is indeed temporary.

The ETA's announcement recognizes that "many employers use the H-2B visa program on a predictable and recurring, seasonal business cycle, and these job opportunities were previously granted labor certification." Therefore, in order to reduce what it calls an unnecessary burden for both employers and the Certifying Officer, the ETA has determined that an employer does not need to submit any additional documentation at the time of submitting the application beyond completing the "Statement of Temporary Need." 

3. United States Unemployment Rate August 2016

The unemployment rates around the country can greatly impact a company's decision to sponsor an application for labor certification. When unemployment rates are high, companies may elect not to proceed with the certification process. Rates can vary by state and industry. There are several states with jobless rates that are well below the national average. Employers in these states may be more available to sponsor employees. USADWEB is providing information on the current unemployment rates as a convenient tool to assist you as you prepare your cases. The unemployment rate remained unchanged from the previous two months at 4.9% in August.

4. PERM Processing Times as of September 1, 2016

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


PERM Processing Times
Processing Queue Priority Dates
Month Year
Analyst Reviews June 2016
Audits January 2016
Reconsideration Requests to the CO July 2016
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

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USADVolume X, Issue 4 September 2016

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The USADNEWS Blast is the eNewsletter from USADWEB, LLC, providing updates on immigration ad placement services. This bulletin is not sent unsolicited. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of USADWEB's services.
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