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The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests.
PERM Processing Times: As of Nov. 1, 2024, the department was adjudicating PERM applications filed in August 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier, and reviewing appeals for reconsideration filed in June 2024 and earlier.
Average Number of Days to Process PERM Applications:
PWD Processing Times: As of Nov. 1, the National Prevailing Wage Center was processing PWD requests filed in April 2024 and earlier for H-1B OEWS and non-OEWS cases, and April 2024 and earlier for PERM OEWS cases. For PERM non-OEWS cases, the department was processing requests filed in May 2024 and earlier.
Redeterminations were being considered on appeals filed in June 2024 and earlier for H-1B and PERM cases.
Center Director Reviews were being conducted for H-1B cases filed in January 2024 and earlier, and PERM cases filed in March 2024 and earlier.
BAL Analysis: Our data aligns with DOL’s recent report. Additionally, we are starting to see PERM OEWS cases filed in May 2024.
This alert has been provided by the BAL U.S. Practice Group.
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The Canadian government announced new rules for multiple-entry visas, giving officials more discretion on validity and entry limits.
Key Points:
Additional Information: A multiple-entry visa can still be valid if affixed in a full or complete passport or travel document. The holder must also be in possession of a newer and valid passport or travel document and must present both documents to the airline carrier to travel and/or seek entry.
The Immigration, Refugees and Citizenship Canada guidelines for issuing single- or multiple-entry visas are based on factors such as purpose of visit, funds, medical or other matters, including strong ties to home country, previous travel to Canada and outside of an individual’s home country, and any previously visa refusals. When determining the validity period, officers may also consider factors such as short-term purpose for the visit, status in current country of residence and the economic or political conditions in the applicant’s home country.
BAL Analysis: Canadian officials stated, “Guidance has been updated to indicate that multiple-entry visas issued to maximum validity are no longer considered to be the standard document. … Officers may exercise their judgment in deciding whether to issue a single- or multiple-entry visa and in determining the validity period.”
This alert has been provided by the BAL Global Practice Group.
The Panamanian government issued a law decree expanding visa-exempt status for certain foreign nationals.
Additional Information: The maximum stay is 30 days. Holders of a valid U.S. permanent residence card will also qualify for the visa exemption. Foreign nationals should be prepared to show proof of economic solvency for a minimum of US$500 upon entering and have a minimum of three months of passport validity and a round-trip ticket.
U.S. Citizenship and Immigration Services approved a new immigration-related credentialing organization for certain healthcare workers.
Additional Information: The Immigration and Nationality Act and Department of Homeland Security regulations require individuals who seek immigrant or nonimmigrant visas in the U.S. for the purpose of working in certain healthcare occupations earn a certificate from an authorized credentialing organization.
The Emirati government announced that the grace period for foreign nationals on expired residence permits to resolve their immigration status has been extended until Dec. 31.
Additional Information: The current penalty for overstay on an expired residence permit is 50 AED (about US$14) per day.
BAL Analysis: The initiative aims to provide foreign nationals with a new opportunity to regularize their status. Federal Authority for Identity, Citizenship, Customs and Port Security officials stated they will intensify inspection campaigns targeting violators in collaboration with government partners, taking legal action against individuals found in breach after the extension period ends. BAL will provide further updates as information becomes available.
The government announced its acceptance of the Low Pay Commission’s recommendations on the rates of the National Minimum Wage (NMW), including the National Living Wage (NLW).
Additional Information: The NLW is different from the U.K. Living Wage and the London Living Wage, calculated by the Living Wage Foundation, that are voluntary pay benchmarks and not legally binding requirements. The NLW higher rate (£12.21) is still lower than the £12.60-an-hour rate calculated by the Living Wage Foundation that is paid voluntarily by 15,000 U.K. employers.
BAL Analysis: The NLW pay rise will impact over 3 million workers next year. Government officials for the first time asked the Low Pay Commission to consider the cost of living, including expected trends in inflation up to March 2026, when recommending the NLW. The Low Pay Commission’s recommendations also intend to meet the government’s ambition for the NLW rate to reach at least two-thirds of median earnings in 2024. The 18-20 NMW rise also highlights the government’s first step toward a single adult rate being extended to 18-year-olds in future years. Officials stated these increases build on the government’s commitment to be a pro-business, pro-worker and pro-growth government.
Singaporean officials released updated qualifications criterion for the points-based Complementarity Assessment Framework (COMPASS).
Additional Information: An application needs to earn 40 points to pass COMPASS through individual and firm-related attributes. Officials have also updated the Shortage Occupation List with new occupations that require highly specialized skills and are in shortage in the local workforce. Further details on how EP applications are evaluated can be found here.
Chinese officials announced the expansion of the country’s visa-free policy to nationals of Andorra, Denmark, Finland, Iceland, Liechtenstein, Monaco, Norway, Slovakia and South Korea.
Additional Information: As BAL reported, the Chinese government has introduced various measures recently to increase inbound travel from foreign tourists and drive business in its economic recovery from the COVID-19 pandemic, including expanding the list of countries eligible for visa-free travel.
The Ministry of Immigration, Francization and Integration submitted Québec’s Immigration Plan for 2025.
Additional Information: The Québec Immigration Levels Plan is presented each year to indicate the number of new immigrants the province intends to admit in the coming year. As BAL reported, the Canadian government also recently released its Immigration Levels Plan for 2025-27, stating that it would be cutting permanent resident admissions over the next three years to 395,000 in 2025, 380,000 in 2026 and 365,000 in 2027.
BAL Analysis: Officials stated these measures are designed to manage Québec’s permanent immigration population and reassess of its overall immigration strategy.
On Dec. 1, 2024, the Office of Foreign Labor Certification (OFLC) will fully decommission the legacy Permanent Online System.
Additional Information: The FLAG System was implemented to replace the legacy Permanent Online System, improve customer service and modernize the administration of foreign labor certification programs.