AILA/VSC Liaison Practice Pointer: Documenting Eligibility for Extensions of H-1B Status Beyond Six Years

Cite as "AILA InfoNet Doc. No. 11032931 (posted Mar. 29, 2011)"

At the September 2010 VSC stakeholders meeting, officials from VSC confirmed that the "in process" screen shot from the Department of Labor (DOL) website indicating that a PERM application remains pending still is the best evidence to document eligibility for H-1B extensions under AC21 §106(a) (AILA Doc. No. 10101471). If an application is under appeal or reconsideration and the status has not been updated on the DOL website, VSC has and will continue to accept copies of e-mail correspondence or affidavits from counsel or the employer attesting that a request for review/reconsideration or appeal of a denied labor certification has been filed with DOL. For correspondence sent by courier, it also is helpful to include the tracking report evidencing delivery to DOL.