Permanent Residency

By Editorial Team , 29 November 2006

DOL issues Guidance regarding the Re-Instatement of certain Backlog Center Cases which were erroneously withdrawn

The Department of Labor (DOL) issued a statement on or about November 15, 2006, providing guidance, regarding how certain cases in the Backlog Centers which were inadvertently withdrawn (as being "re-files due to technical problems) would now be reinstated. The Statement is reproduced below.

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Backlog Centers

Backlog Cases Inadvertently Withdrawn as Re-Files

My case has been "In process" the last few times I checked. Is something wrong? Is my case stuck?

According to the Labor Department:

No. The PDS will return a status of "in process" as a case moves through the various stages of the case review and analysis process at a BEC. Depending on the case type and filing date, some cases may show a status of "in process" for some time as the case moves through the various stages.

Again, depending on the case type and any issues that arise with the case, you may hear from the BEC while your case is in process and to facilitate faster processing, you should respond as quickly and completely as possible.

PERM

The PERM program (short for Program Electronic Review Management) is the most common avenue for employers to sponsor employees or prospective employees for permanent residence status (i.e., green card status). The U.S. Department of Labor has used this program since March 2005 to decide labor certification applications. In short, it is a procedure in which an employer undertakes a recruitment campaign — under the Labor Department's rules and regulations — to establish that there are no qualified U.S. workers to fill a permanent position that is being offered by the employer.

List of primary avenues to U.S. Permanent Residency (“Green Card” status)

What this page does. Permanent residence, the status commonly called a green card, can be reached by more than a dozen separate legal routes. Each has its own eligibility rules, its own petition or application, and its own place in the annual numerical limits. This page maps those routes so that the relevant one can be identified quickly. Every entry is an outline only; the linked pages carry the detail.

Our office recently received a request for "corporate documents" from the BPC. The petition was for a housekeeper. Is this...

Our office recently received a request for "corporate documents" from the BPC. The petition was for a housekeeper. Is this request sent in error or how do we respond?

According to the Labor Department:

If the application is for a domestic servant in a private household, the employer should provide a recent tax return and/or leases, utility bills, etc. that establish the domestic employer at the address on the application.

The employer has moved to a new address. How should we notify the Backlog Processing Center of this change?

According to the Labor Department:

Please send the appropriate Backlog Processing Center a written request to return the original Form ETA 750 Part A and Part B. Make the appropriate change of address, date and initial the change, and return the Form ETA 750 Part A and Part B to the appropriate Backlog Processing Center. Employers who have already recruited for the position in a labor market are cautioned that a move to a new work location may require a new labor market test.