Effect of backlog reduction/PERM/updated rules on new LC

I totally agree with your points,gcenerving. I think if they really want to reduce the backlog and keep fairness to most of all, they should convert the NPC and all the regional offices to extra BEC centers and begin to work on those backlogged cases all at once. If they all work together and focus on these backlogged cases, upto 4-8 months will clear all those old workload, based on their claimed BEC efficency which devotes to clear the 300000 cases in 2 years(2 BEC for 2 years, 4 BECs for 1 year, plus additional regional office, 6 month ). By that time, it's not late to run PERM. Implement PERM at so early time only divert the resources and add the unfairness to all the old applicants.

They say they will clear the backlogged cases in 2 years, (I really doubt BEC's efficency, they have only 100 BEC staff, but they salshed down lot's of regional and state staff first since Aug,2004 total national LC processing staff is decrased dramatically around that time, resulting in a great increase of workload since Oct,2004 for the BEC, not mentioning they have to re-review all the regional cases that have been passed the SWA review)
 
Perm Notification

Hi Guys,
1. What will happen to the LC applied in April 2001 as Non RIR in CA and which BEC will take care & how they will proceed?
2. Now the PERM wiill be available in March. Is it advisable to apply for another LC in different skill level before the PERM kicks off?

Neeraj
 
EB2 and PERM

My application has been filed under EB2 category in Illinois state. ANd it would be going to BEC. It has been filed under Sr. Software engineer position. When I talked to lawers office about converting it to PERM they replied that under this title we can not apply for EB2 Category under PERM. They told me that PERM rules allow only management titles to be under EB2 Category adn Sr. Software engineer doesn't come under it. Is this true?
 
Please help(Remanded case)

:mad: I just talked to my lawyer and i got the information that my case is still with EDD(SWA)
and i have been asked to check back after 6 months? What is this crap now?
I thought all the cases will be sent to BEC?
Gurus any insight?

CA SESA PD 08/2001
CA DOL RD 08/2002
Remanded to Regular 06/2003.

almost 4 years still in the first stage... :mad:
 
While that could not be totally true, I guess the reason why they said SSE cannot be filed under EB2 could be becuase they have to pay high salary with SSE and EB2 category. Even if they require Masters and 4 years also it will be high salary. How many years was required in your old application? If it is a Management Title that requires less experience say 1 year and a Masters degree they need not pay high and still can apply in Eb2.

OR it might be new rule too. who knows, though I did not read anything like that in PERM.

mahavir_kl said:
My application has been filed under EB2 category in Illinois state. ANd it would be going to BEC. It has been filed under Sr. Software engineer position. When I talked to lawers office about converting it to PERM they replied that under this title we can not apply for EB2 Category under PERM. They told me that PERM rules allow only management titles to be under EB2 Category adn Sr. Software engineer doesn't come under it. Is this true?
 
EB2 Software Eng.

My understanding of the PERM regulations is that you have to file job requirements in accordance with the defined minimum "SVP". This means that a Software Engineer requires a BS and no more than 2 yrs exp. Because an advanced degree is not required it may be difficult to apply this to an EB2 application.
 
RIR LC between Jan 1, 2005 - March 28, 2005

Friends,

Applying for labor certification in RIR in a day or two...where one should be sending LC application? Is it to NPC or BEC or state labor department?. Is there any change in RIR case processing rules between Jan 1, 2005 to March 28, 2005? Would like the application to be sent to right place.

Thanks in advance.
 
It is with Masters Plus two years of experience. Also salary is in specified limits of PERM. In my old application it was same as 2 years.

knowDOL said:
While that could not be totally true, I guess the reason why they said SSE cannot be filed under EB2 could be becuase they have to pay high salary with SSE and EB2 category. Even if they require Masters and 4 years also it will be high salary. How many years was required in your old application? If it is a Management Title that requires less experience say 1 year and a Masters degree they need not pay high and still can apply in Eb2.

OR it might be new rule too. who knows, though I did not read anything like that in PERM.
 
This position is Sr. Software eng and if old rules allow it to apply in EB2 then I guess they should allow it to be converted to PERM with the same rules.

kemit said:
My understanding of the PERM regulations is that you have to file job requirements in accordance with the defined minimum "SVP". This means that a Software Engineer requires a BS and no more than 2 yrs exp. Because an advanced degree is not required it may be difficult to apply this to an EB2 application.
 
That sounds true. Does your salary fall above the Level 2 wage for your area of work and in the state you applied? In RIR, people had a option of RFE and if you submit evidence you are good, but now CO can deny the case if he determines the wage is not above PWD. How do you know that your wage is above PERM expectation for SSE. because there is decently big calculation that needs to be done before coming up with a PW.
OR
May be your attorney trying to keep your RIR case under processing and at the same time apply a new application under PERM. Changing the title under management position helps you do that.

mahavir_kl said:
This position is Sr. Software eng and if old rules allow it to apply in EB2 then I guess they should allow it to be converted to PERM with the same rules.
 
knowDOL said:
That sounds true. Does your salary fall above the Level 2 wage for your area of work and in the state you applied? In RIR, people had a option of RFE and if you submit evidence you are good, but now CO can deny the case if he determines the wage is not above PWD. How do you know that your wage is above PERM expectation for SSE. because there is decently big calculation that needs to be done before coming up with a PW.
OR
May be your attorney trying to keep your RIR case under processing and at the same time apply a new application under PERM. Changing the title under management position helps you do that.

I am bit confused like many others about what is the munimun requirement for EB2 under PERM.

I found that most of the Titles/Roles including some managerial roles fall under Job Zone 4 where the Education Requirement is bachelor's degree and SVP is 7.0 to 8.0. Will any of these Titles qualify for EB2?

Pls share whatever knowledge you have on this.
 
That is exactly my confusion.

If you read the explanation of zone 4, it says

"JobZone Four: Considerable Preparation Needed

Experience: A minimum of two to four years of work-related skill, knowledge, or experience is needed for these occupations. For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified.

Education: Most of these occupations require a four-year bachelor's degree, but some do not.

Job Training: Employees in these occupations usually need several years of work-related experience, on-the-job training, and/or vocational training.

Examples: many of these occupations involve coordinating, supervising, managing, or training others. Examples include accountants, chefs and head cooks, computer programmers, historians, pharmacists, and police detectives.

SVP Range: 7.0 < 8.0"


Does that mean when applying through PERM, the employer can't specify BS plus 5 yrs experience as the minimum requirement? I hope they have some explanation with the proposed 4 level wage set. Thanks.


APD said:
I am bit confused like many others about what is the munimun requirement for EB2 under PERM.

I found that most of the Titles/Roles including some managerial roles fall under Job Zone 4 where the Education Requirement is bachelor's degree and SVP is 7.0 to 8.0. Will any of these Titles qualify for EB2?

Pls share whatever knowledge you have on this.
 
Last edited by a moderator:
DOL confused

I had a chance to read entire PERM rule and ONET, DOT SVP requirements. Finally I got BIG CONFUSION.

Before PERM, all the occupations were refered by DOT. Now it is Onet. Most of the engineering & IT occupations had SVP of 8 as per DOT. Now it become 7 < 8,as per ONET. Onet is conservative. The question is fraction is allowed or not (say 7.9)? How one can fit four salary levels in jobzone four? what is the minimum requirement for each levels in job jone 4. If SVP of the given position is 7, the time reqired to achive the job requirement (of SVP7 )is 2 to 4 years. In this case one can allowed to require maximum of BS+ 2 years. If it is 7.9, what is the edu & exp requirements? Will it reach BS+5 yrs to file in EB2?

Other big confusion is, if you refer page 77377 of final PERM rule, it lists education and training catagory of all occupations. It says code 4 means BS or adv degree with work exprience (likly to be in EB2 catagory jobs). Code 5 means bachelor degree only. All the engineering and IT positions are in code 5. The managerial position is in code 4 which requires BS or MS with exprience.

If a job is code 5, no exprience is allowed?. If one want to be in EB2 class the position should be code4? The entire picture is confusing.

The recent OES-2005 salary is too high for managerial position. One thing is sure now that, the EB2 requirement is going to be tough in terms of salary if we opt to file thro PERM.
 
I talked with one of the lawyers I am retaining.

I did not get a clear answer to this confusion. She said job requirement should still be based on employer specification. For those of us trying to upgrade EB3 RIR or non RIR to EB2 PERM, there is a question. How can the employer justify filing a new application with higher requirement for a similar position as there is already an application filed with less requirement?

I am looking at a managerial (QA) position offering a level one salary based on DOL' prevailing wage. The position supervises one supervisor and 10 technicians. Will it qualify for EB2 as certainly the job requires prior work experience? A managerial level 1 should be at a higher position in DOL scale than an engineer (for example) level 1. Am I right? Thanks.


Gc_puli said:
I had a chance to read entire PERM rule and ONET, DOT SVP requirements. Finally I got BIG CONFUSION.

Before PERM, all the occupations were refered by DOT. Now it is Onet. Most of the engineering & IT occupations had SVP of 8 as per DOT. Now it become 7 < 8,as per ONET. Onet is conservative. The question is fraction is allowed or not (say 7.9)? How one can fit four salary levels in jobzone four? what is the minimum requirement for each levels in job jone 4. If SVP of the given position is 7, the time reqired to achive the job requirement (of SVP7 )is 2 to 4 years. In this case one can allowed to require maximum of BS+ 2 years. If it is 7.9, what is the edu & exp requirements? Will it reach BS+5 yrs to file in EB2?

Other big confusion is, if you refer page 77377 of final PERM rule, it lists education and training catagory of all occupations. It says code 4 means BS or adv degree with work exprience (likly to be in EB2 catagory jobs). Code 5 means bachelor degree only. All the engineering and IT positions are in code 5. The managerial position is in code 4 which requires BS or MS with exprience.

If a job is code 5, no exprience is allowed?. If one want to be in EB2 class the position should be code4? The entire picture is confusing.

The recent OES-2005 salary is too high for managerial position. One thing is sure now that, the EB2 requirement is going to be tough in terms of salary if we opt to file thro PERM.
 
Can you please tell me how to get the OES salary ranges for 2005 for various positions like Sr, Software engineer, Manager etc
 
Perm eligibility

Hi,

My lawyer told me that one cannot file PERM if they have crossed 5th year of your H1B even if it is before your 6th year limit.

Is that true?

Thanks for your help
 
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