Shrinking Businesses, PERM Processing Delays, and I-140 Processing Delays.
Currently, the USCIS is witnessing a tremendous delay in adjudication of I-140 petitions.
The delays in labor certification applications and I-140 petition processing adjudication have been posing a serious risk of denials of I-140 petitions, because of the current economy's impact on the employer's financial ability to pay the labor certification wage at the time of filing (priority date) of labor certification applications, as well as at the time of adjudication of I-140 petitions after a long delay at the level of labor certification application and at the level of I-140 petition.
Under the current immigration rule, approval of the I-140 petitions is conditioned upon the employer's proof of its financial ability to pay the proffered salary (labor certification salary) at the time of labor certification filing through the time of adjudication of I-140 petition.
When employers receive I-140 RFEs with the issue of financial ability to pay, because of the changing business environment of the employers, more and more employers tend to face a problem in meeting this requirement in response to the RFE. When I-140 processing times were relative short or when I-140 premium processing was available, the risks were somewhat limited.
But now, because of the two factors, ongoing deterioration of economy and business and delayed processing times of labor certification and I-140 petitions), I-140 approvals are growingly an challenging issue because of such RFEs. http://www.greencardapply.com/news/news08/news08_1203.htm
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