EB-3 Unavailability for ALL Nationalities from July 1, 2005 Through September 30, 2005
The U.S. Department of State Visa Bulletin for the month of July shows unavailability for ALL nationalities for the Employment Based 3rd Preference category beginning on July 1, 2005. Section D of the Visa Bulletin states that the EB-3 numbers will remain unavailable for the rest of the fiscal year. For more information, please see here.
The impact of this change is that anyone with an approved labor certification application who has not yet filed an adjustment of status application must do so before Friday, July 1, 2005 or wait until the start of the new fiscal year on October 1 to submit their case. Filing adjustment cases as soon as possible can be critical for persons running out of H-1B time or persons whose spouse requires work or travel authorization. We will proactively follow-up on any affected cases currently in our office to make sure that any cases which can be filed are filed prior to the July 1 cut-off.
In California, it is now taking 6-8 weeks to receive a prevailing wage determination from the Employment Development Department (EDD). Previously, employers were not required to obtain a wage determination prior to filing a labor certification case as this was an optional step. Under PERM, obtaining a wage determination is now a mandatory step which has led to a significant increase in the workload of the EDD and resulted in the current delay. Prior to PERM, the EDD would routinely complete wage determinations within 5-7 business days or sometimes less. This means that it may now take 3-4 months to properly prepare a PERM case for filing in contrast to the previous target of 60 days.