We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
DOL Reports Lengthy Processing Delays for Employment-Based Immigration Applications
Latest data shows PERM applications facing 16-month review periods as agency works through substantial backlogs
The Department of Labor’s Office of Foreign Labor Certification (OFLC) has released updated processing time data revealing significant delays across multiple employment-based immigration programs, with some applications experiencing wait times extending well over a year.
PERM Applications Face Extended Review Periods:
The Department of Labor is currently conducting analyst reviews for Program Electronic Review Management (PERM) applications that were filed in January 2024 or earlier. This represents a processing delay of approximately 16 months for routine applications, highlighting the substantial backlog facing the agency.
The situation appears particularly challenging in the audit queue, where the DOL indicates “N/A” for current processing times, suggesting either no movement in audited cases or insufficient data to provide meaningful timelines. This uncertainty adds another layer of complexity for employers and foreign workers navigating the permanent labor certification process.
For applicants seeking reconsideration of denied PERM applications, the agency is processing standard requests filed in March 2025 or earlier, indicating a roughly two-month processing window for these cases.
Prevailing Wage Determinations Show Mixed Progress:
The prevailing wage determination process, a critical prerequisite for PERM applications, shows varying timelines depending on the type of request and data source used. As of April 30, 2025, the DOL is issuing prevailing wage determinations for PERM applications using Occupational Employment Statistics (OES) data that were filed in December 2024, representing approximately a five-month processing period.
Non-OES PERM prevailing wage requests are experiencing slightly longer delays, with the agency currently processing applications filed in November 2024, indicating roughly a six-month timeline for these determinations.
H-1B Prevailing Wage Processing Shows Consistency:
For H-1B prevailing wage determinations, processing times appear more consistent across data sources. The DOL is currently issuing determinations for both OES and non-OES H-1B requests filed in December 2024, maintaining the approximate five-month processing window seen in OES-based PERM requests.
Redetermination requests show faster processing, with PERM prevailing wage redeterminations filed in January 2025 currently being processed, while H-1B redeterminations requested in March 2025 are being handled, suggesting priority processing for these cases.
Center Director Reviews Experience Significant Delays:
Perhaps most concerning for applicants are the processing times for Center Director reviews, which handle appeals and complex cases. The DOL is currently processing both PERM and H-1B Center Director review requests that were filed in October 2024, representing a seven-month processing period for these critical determinations.
Impact on Employment-Based Immigration:
These processing delays have significant implications for both employers and foreign workers pursuing permanent residence through employment-based channels. The 16-month PERM processing timeline, combined with additional time required for prevailing wage determinations, creates substantial uncertainty in workforce planning and career progression for affected individuals.
Immigration attorneys note that these delays can impact everything from job mobility to family planning for foreign workers, as many employment-based immigrants must maintain their current positions throughout the lengthy certification process.
Transparency Through Regular Reporting:
The DOL continues to provide updated processing time information through its Foreign Labor Application Gateway (FLAG) page, offering stakeholders insight into current backlogs and processing priorities. These regular updates, while revealing challenging timelines, provide valuable transparency for employers and immigration practitioners planning their filing strategies.
Looking forward with employment-based immigration remaining a critical component of U.S. workforce strategy across multiple industries, the processing delays highlighted in the latest DOL report underscore ongoing challenges in the system’s capacity to handle current application volumes efficiently.
Employers and immigration practitioners continue to monitor these updates closely as they develop strategies for managing the extended timelines while ensuring compliance with labor certification requirements. The DOL’s continued publication of processing time data remains essential for informed decision-making in an increasingly complex regulatory environment.
Processing time data is available on the Department of Labor’s FLAG page and is updated regularly to reflect current agency capacity and priorities.
Immigration Scams Surge: Federal Agencies Warn Public to Stay Vigilant Against Fraudulent Schemes
Fraudsters increasingly targeting immigrants with fake government calls demanding immediate payment:
Immigration-related scams have reached alarming levels across the United States, with federal agencies issuing urgent warnings to help protect vulnerable communities from sophisticated fraud schemes. Scammers are impersonating officials from U.S. Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and even the Internal Revenue Service (IRS) to steal money and personal information.
Rising Threat Targets Immigrant Communities:
The fraudulent operations typically begin with unsolicited phone calls where criminals claim there are urgent problems with the victim’s immigration status. These fake officials create panic by threatening immediate deportation, arrest, or license suspension unless payment is made instantly through untraceable methods like gift cards, prepaid debit cards, or wire transfers.
“These scammers prey on people’s fears and create artificial urgency to bypass their victims’ better judgment,” said a federal law enforcement spokesperson. The schemes have become increasingly sophisticated, with criminals using caller ID spoofing technology to make their calls appear to come from legitimate government agencies, displaying numbers associated with “USCIS,” “911,” or “U.S. Government.”
Key Warning Signs to Recognize:
Federal agencies emphasize that legitimate government officials will never demand immediate payment over the phone or threaten arrest for immigration violations during cold calls. Real USCIS and CBP officers do not call individuals to collect money or threaten deportation. Similarly, the IRS never requests payments or personal information through unsolicited phone calls or emails.
Citizens should be particularly wary of any caller requesting unusual forms of payment, especially gift cards or wire transfers, as legitimate government fees are never collected through these methods. Additionally, any call creating artificial time pressure or threatening immediate consequences should be treated as suspicious.
Protection Strategies for Potential Victims:
Security experts recommend several defensive measures to avoid falling victim to these schemes. First, individuals should never provide personal information including Social Security numbers, I-94 numbers, passport details, or banking information unless they can independently verify the caller’s identity through official channels.
When receiving suspicious calls, people should hang up immediately and independently verify any claimed issues by contacting the relevant agency directly through official websites like www.uscis.gov or www.ice.
The Federal Trade Commission advises ignoring caller ID information entirely, as scammers can easily manipulate these displays to appear legitimate. Instead, potential victims should ask callers for their full name, title, and callback number, then verify this information through official agency websites before sharing any personal details.
Reporting and Recovery Resources:
Victims of immigration scams should immediately report incidents to multiple agencies. USCIS maintains a dedicated fraud reporting system at https://www.uscis.gov/
The Federal Trade Commission also accepts fraud reports through https://reportfraud.
Community Education Essential:
Immigration attorneys and community organizations emphasize the importance of widespread education about these scams, particularly in immigrant communities where language barriers and unfamiliarity with government procedures can make individuals more vulnerable to exploitation.
“Knowledge is the best defense against these predatory schemes,” noted one immigration advocate. “Understanding how legitimate government agencies actually communicate with the public can help people avoid becoming victims of these increasingly common scams.”
Federal agencies continue working to shut down fraudulent operations while urging the public to remain vigilant and report suspicious activity immediately to help protect entire communities from these harmful schemes.
DHS Announces Termination of Temporary Protected Status for Afghanistan, Effective July 14, 2025
The U.S. Department of Homeland Security (DHS) has officially announced the termination of Temporary Protected Status (TPS) for nationals of Afghanistan, with the program set to end on July 14, 2025. The decision was made public today by DHS Secretary Kristi Noem, who stated that current country conditions no longer support the continuation of TPS.
The TPS designation, originally granted due to ongoing armed conflict and extraordinary and temporary conditions, will formally expire on May 20, 2025. Afghan TPS holders will be provided with a 60-day transition period to prepare for departure or seek alternative immigration relief, as outlined by federal regulations.
“This administration is returning TPS to its original temporary intent,” said Secretary Noem. “Following a thorough review with our interagency partners, we have determined that conditions in Afghanistan have sufficiently improved. The security situation has stabilized, and economic recovery is underway, reducing the basis for continued protected status.”
DHS also cited national security concerns, stating that some individuals under TPS from Afghanistan have been flagged for fraud investigations and public safety risks, further influencing the decision to terminate the program.
The review included consultations with the U.S. Department of State and an internal assessment by U.S. Citizenship and Immigration Services (USCIS), which concluded that Afghanistan no longer meets the statutory criteria for TPS designation.
The Department emphasized that Afghan nationals currently on TPS should explore other legal immigration options before the July 14, 2025 termination date.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
