The U.S. Department of Labor (DOL) recently released PERM statistics for October 2007 through May 2008. So far the DOL has received approximately 61,800 PERM Applications. 58,800 of these were filed online and the remaining 3,000 were submitted through mail.

Of these PERM’s, 28,773 have been certified, 1,694 have been withdrawn, and 7,779 have been denied. The denials have been for a variety of reasons including small errors made on the forms. Thus, many of these cases were re-filed and may have been ultimately approved. The remaining cases are pending.

The top 5 states of intended employment for these permanent labor certifications were California (6,843), Texas (2,050), New York (1,998), New Jersey (1,750), Illinois (1,380), and Florida (1,228). Beneficiaries representing more than 150 different countries were certified for permanent employment in the U.S. The top 10 countries included India (8,127), China (1,809), South Korea (1,654), Philippines (1,631), Mexico (1,461), Canada (1,340), United Kingdom (482), Pakistan (442), Taiwan (441), and Brazil (382).

Knowing this information has helped the Department of Labor better assess local employer demands for talent and facilitate strategic partnerships with the business community.

In order to avoid limiting the opportunity of student internships to the private sector, the Department of State (DOS) published a proposed rule which sought to provide a program to allow American colleges or universities to conduct internship programs. Significant areas in the proposed regulations which have already taken place in the private sector internship program. The primary difference is that the student internship--as its name implies--is available only to students and not graduates.

To be eligible to participate in the new student internship sub-category, a foreign national must be a student currently enrolled in an accredited post-secondary academic institution outside the United States. A student intern may participate in a student internship program for up to 12 months at each degree level. For example, an exchange visitor could enter the United States to participate in a student internship program while pursuing the equivalent of a baccalaureate degree program. This intern could participate in an internship program in the United States for up to 12 months. This same individual could also participate in yet another student internship program for up to 12 months if he or she later pursues the next higher degree level (i.e., master's degree program). A student who changes majors at the baccalaureate level, and is pursuing a separate degree, may participate in an internship subsequent to an initial internship in the original field of study.

Foreign students may be selected to participate in the new student internship sub-category if they meet the following eligibility criteria: the post-secondary academic institution listed as the sponsor on the Form DS-2019 has accepted the individual into an internship program; and the student seeks to enter the United States to engage primarily in a student internship program, rather than to engage in employment or provide services to an employer. Furthermore, a student intern must be in good academic standing with the post-secondary academic institution at which he or she is currently enrolled. Finally, the student intern must return to his or her prior academic studies following completion of the student internship program and fulfill his or her degree requirements. Thus, students that have completed their degree requirements will not be eligible for the student intern program.

These new regulations address the obligations of a sponsor and any third party--either domestic or overseas--with whom the sponsor contracts to assist in the recruiting, selecting, screening, orienting, placing, training, or evaluating of its program participants. A written agreement with third parties outlining the full relationship between the parties on all matters involving the Exchange Visitor Program and the student internship is specifically required. For program integrity, third parties must provide their Dun & Bradstreet identification numbers, which will assist sponsors with their screening and vetting of all third parties with whom they have entered into a required written agreement.

Sponsors will be required to ensure that host organizations are legitimate entities, are appropriately registered or licensed to conduct their business, and possess and maintain the ability and resources to provide structured and guided work-based experience according to individualized. In some instances, a sponsor may be required to conduct an on-site visit of a host organization's facility. In vetting a potential host organization, a sponsor must collect sufficient evidence to support its finding that the potential host organization meets the standards necessary for a sponsor to properly place participants with them.

For each student internship, a sponsor must set forth the goals and objectives of the internship; the student internship program details (location, contact information, number of hours per week of work and compensation, (if any) a description of the supervision the intern will receive, and the dates of the student internship program); a description of how the student internship program will enhance the student intern's educational program at his or her home institution; and a determination as to whether and to what extent the student intern has previously taken part in a student internship program in the United States.

Finally, to ensure program quality, a sponsor must take necessary steps to ensure that they are compliant with these regulations and that the student intern's program was effective, appropriate, and achieved its stated goals and objectives.

This Final Rule permits a student intern to engage in full-time employment during the internship program as outlined, with or without wages or other compensation. Employment is not required for participation in the program. A student intern may be employed, however, only with the approval of the responsible officer and the student's home institution's dean or academic advisor.

These regulations prohibit a sponsor from placing a student intern in an unskilled or casual labor position, in a position that requires or involves child care or elder care, in a position in the field of aviation, or in any kind of position that involves patient care or contact. Finally, a sponsor must not place a student intern in a position that involves more than 20 percent clerical work.

The U. S. Citizenship and Immigration Services (USCIS) announced that they have revised the instructions on where to submit applications previously processed by its Tijuana Field Office. The Tijuana Field Office is closing on July 3, 2008 and to prepare, the agency stopped accepting the following applications and transferred responsibilities as reflected below.

Petition to Classify Alien as an Immediate Relative, (Form I-130). The last date USCIS accepted the application was June 20, 2008. After that date, applicants should submit applications to the USCIS Mexico City District Office.

Petition to Classify Orphan as an Immediate Relative, (Form I-600). The last date USCIS accepted the application was June 20, 2008. After that date applicants should submit applications to the USCIS Mexico City District Office.

Application for Advance Processing of Orphan Petition, (Form I-600A/I-800A). The last date USCIS accepted the application was June 20, 2008. After that date, applications should submit applications to the USCIS Ciudad Juarez Field Office.

Abandonment of Lawful Permanent Resident Status (Form I-407). The last date USCIS will accept the application is July 1, 2008. After that date, the U.S. Department of State will process and send the Form I-407 and documents to the USCIS in Mexico City for destruction system updates.

The TSA announced this month that beginning Saturday, June 21, 2008 passengers that willfully refuse to provide identification at a security checkpoint will be denied access to the secure area of airports. This change will apply exclusively to individuals that simply refuse to provide any identification or assist transportation security officers in ascertaining their identity.

This new procedure will not affect passengers that may have misplaced, lost or otherwise do not have ID but are cooperative with officers. Cooperative passengers without ID may be subjected to additional screening protocols, including enhanced physical screening, enhanced carry-on and/or checked baggage screening, interviews with behavior detection or law enforcement officers and other measures.

This announcement seems to be rather redundant as almost all airports require passengers to show evidence of a boarding pass along with identification in order to get past the security checkpoint. Long before this announcement, federal regulations have prohibited non-ticketed persons beyond passenger security screening at all U.S. airports.

USCIS has updated the processing dates for VSC, TSC, NBC, CSC, and NSC. Visit our website at www.globallawcenters.com where you can find all the links to these updates!

Need information about recent USCIS changes? Visit our website at www.globallawcenters.com where you can find USCIS Press Releases and Memos addressing topics about New USCIS procedures, H-1B Caps, Fee Changes, and much more!