Labor Immigration Law

United States Labor Immigration Law News and Analysis

DOL Perm and H-2A/B Processing Statistics

The Department of Labor has released an interesting report regarding the number of PERM and H-2A/H-2B labor certifications.

For the period between October and December 2007, DOL received almost 20,000 PERM on-line submissions and slightly over 1,000 mail-in submissions. DOL completed work on 16,200 cases, of which 12,500 were certified (78% certification rate), 2,800 were denied (17%) and 800 were withdrawn (5%).

It is interesting to compare the approval rates for the Oct-Dec 2007 period with the historical certification rate since PERM started in March 2005. The historical overall certification rate is slightly above 78% which seems to indicate that the Oct-Dec 2007 certification rate was in line with historical averages.

Among other interesting findings in the report are the top five states of intended employment – California (23%), New York (10%), New Jersey (7%), Texas (7%) and Florida (6%). Few would be surprised that Indian nationals were the top nationality with 28% of all certified applications and computer software engineers were the top occupation with 17%.

In the H-2A/H-2B section of the report, it is worth noting that there was a significant increase in both the number of requested and certified labor certifications for both the agricultural and non-agricultural programs in FY07 compared to FY06. This seems to suggest that more employers are resorting to H-2 visas to obtain temporary labor. [See our recent post on H-2B cap.]

The relevant portion of the DOL report can be read here (PDF).

Bookmark and Share
This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.