Labor certification lawsuit

M

morpheus12

Registered Users (C)
I just looked at the DOL LC database for WA state, and it is interesting to compare processing times for business vs universities.

i.e. the last non RIR LC approved was:

GRAPHICODE INC
Received state office 9/24/2001
Received regional office 12/5/2002
Last event date 10/20/2003
Software Engineer
Certified

Compare this to:

UNIVERSITY OF WASHINGTON
Received state office 10/28/2003
Received regional office 11/3/2003
Last event date 11/5/2003
Faculty Member, College Or University
Certified

The university LC's are getting approved in one week, whereas the rest of us are waiting for years.

I found several references to 'special handling' for academics and the performing arts as part of 20 CFR 656.21a. It isn't clear if 20 CFR 656.21a is law or policy however. It looks more like a DOL policy.

If it is just DOL policy, could it be challenged by a lawsuit as being inequitable? If the universities and Hollywood can get non-RIR LC's processed in a week, why can't the rest of us?

If a court told the DOL to process all LC's at the same rate, then suddenly the issue might get some attention.
 
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Here is an example of a 'performing arts' non-RIR LC labor certification getting processed in California in six months.

GREGANGELO & VELOCITY CIRCUS TROUPE
Received state office 10/2/2002
Received regional office 12/10/2002
Date last event 4/14/2003
Entertainers and performers, sports and related work
Certified

The official queue for California is still stuck at April 2001, but circus performers get priority?
 
I believe the entire labor certification program is just regulation and policy put out by the DOL. The actual law as per the INA is just a couple of sentences like

The secretary of labor shall certify that the hiring of the foreign worker will not

1. Adversely affect the wages of U.S. workers &
2. There are not enough qualified U.S. workers available to fill the required position.

I imagine a case could be made that out of order special handling is discriminatory i.e. special handling is fine as long as the DOL is processing cases filed at that time.
 
I doubt it

USDOL has announced two major initiatives for backlog reduction (PERM and outsourcing to private contractors). For the time being, I think we can wait and watch.
 
update on backlog centers

Sir do you have any update on the back log centers... are the private contractors in training now....I am sure if the centers come into play and then your 485 litigation settles.. that will be a great releif for a ten of thousnds of applicants.....

*********
if the PERM does not help the back logged applicants and the back log centers dont start would you consider launching a suit for LC applicants??
*********
 
Re: update on backlog centers

Originally posted by pani_6
Sir do you have any update on the back log centers... are the private contractors in training now....I am sure if the centers come into play and then your 485 litigation settles.. that will be a great releif for a ten of thousnds of applicants.....

*********
if the PERM does not help the back logged applicants and the back log centers dont start would you consider launching a suit for LC applicants??
*********
Click to expand...

No news yet, but they are working on the centers.

We will file a lawsuit if it is good for the community. Wait and watch.

Right now, I am looking at a lawsuit againt the USDOL Philadelphia for their handling of the Delaware office problem. Let me see. Hang tight people.
 
California Federal labor not moving for last 6 months

Any idea why california federal is not moving for last 6 months , it is stuck at Nov 2002. Any hopes that backlog reduction will work for California or do we have to wait for PERM? Are you going to file lawsuit against California center. I am waiting for last 2 years to get my labor clear
 
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