As of today, the Department of Labor's Atlanta National Processing Center (ANPC) will be changing its procedure regarding requests for reconsideration of denied PERM Labor Certifications. Beginning on October 27, 2014, the ANPC will no longer automatically forward Requests for Reconsideration to the Board of Alien Labor Certification Appeals (BALCA) where the Certifying Officer upholds the original denial of the PERM. Requests for BALCA review must now be made affirmatively no later than 30 days after the request for reconsideration before the Certifying Officer is denied. See the DOL's FAQs for additional information.
U.S. Citizenship and Immigration Services (USCIS) has released the Administrative Appeals Office (AAO) processing times as of March 1, 2014. In recent years, USCIS added adjudications officers in the hopes of reducing heavily-backlogged caseloads. Where an employment-based, third preference I-140 appeal used to take over two years to be adjudicated at the AAO, the same appeal would now be handled within 6 months according to the newly-released processing time information. The newly released AAO processing times are available here.
In a recent decision, the Administrative Appeals Office (AAO) withdrew a Revocation of an H-1B petition issued by the California Service Center (CSC). The CSC Director sent a revocation of the H-petition, noting that since the Beneficiary of the H-1B petition was in J-2 status as a dependent of a J-1 spouse. The J-1 visa holder who the Beneficiary was accompanying had not yet completed requirements that would make him eligible to change to H-1B status, so the CSC decided that the initial approval of the H-1B petition was a "gross error" and revoked the petition.