The DOL is sending PERM questionnaires to companies, not designated attorneys, immediately after filing.  The purpose of the questionnaire is to confirm that the company did want a case filed on its behalf.  If the email questionnaire is not returned, the company can expect a phone call.  If the phone call is not returned, you should expect that the case will be denied for failure to prosecute.  Accordingly, all clients should keep an eye and ear out for the email/call.  The email/call will likely only ask a few questions to confirm that the company exists and it wanted the case filed.

There are five PERM status': temporary (meaning the case is saved, but not filed); sponsorship (filed and accepted); audit (filed but requiring extra-measures); final review (one step away from final determination); final determination (approved!).

Any case that has been denied or audited over the last three months will be re-run in the next few weeks.  Obviously, their decision-matrix system has many flaws in it.

The DOL confirmed that roving employees may be filed using the company's HQ as the workplace, as was the practice under RIR.

The DOL will likely get authorize to charge PERM filing fees in FY2006.  The fee will be "reasonable" and only "to recoup our costs".   The fee should not impact Schedule A cases.

All Backlog Reduction Center cases should be in the system by September 30.  This does not necessarily mean that all the 45 day letters will be in the system, but you will be able to call on the case at that time.  In the meantime, do not call asking for a 45 day letter.  They still have to send out many of these letters.  A shipping/receipt schedule has already been posted on the DOL website, detailing when cases were shipped and received by the BRCs.  Eventually the DOL plans to put a "generic" case status update on their website. 

The DOL has also drafted a proposed "fraud" regulation with stiff penalties for violators.  They would not elaborate.

Since so many of the PERM cases had erroneous decisions, cases ought to be re-filed. There is no penalty for the retile.

Under the PERM regulations which codified GAL 2-98 you can use a private survey's median, if the survey does not have a mean.

Approximately, 47,000 cases were filed under the RIR or Basic methods on the eve of Perm (March 27, 2005).

The DOL reports that 28,000 companies have registered under PERM, approximately 8,500 PERM applications have been submitted and approximately 3,000 PERM cases are in the draft stage but not formally submitted to the DOL.  The DOL did not provide the number of PERM approvals.  The conventional comments from most immigration lawyers was that most law firms had only a handful of cases that were approved.

There should be CIS/DOS guidance on the brand-new Australian E3 visa.  There are 10,500 E3 visas available.  The E3 is similar to an H1b but the petitioning process takes place at the consulate.

H1b cap update: For the FY2005 US master's degree or higher- 8,300 of 20,000 petitions have been used or are in the pipeline; For FY2006 H1b cap approximately 27,300 of 65,000 petitions have been used up or are in the pipeline. 

There have been zero I-9 audits in FY2005.  There were 3 in FY2004.  There were several hundred most other years.

There is no longer a fingerprint notice issued in I-485 cases.  Every case will now get a biometric letter.