This is edited version and I couldn't find my original post so I am posting it here.
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Thank you very much for taking the time to read this letter.
We are group of professionals (around 300,000) who were promised “land of opportunities”. But after many years of faith in American democracy system, we are loosing hopes and we need help from influential leaders like you.
We will present story of “Jhang" from China whose plight is shared by us. Jhang, since childhood was dreaming of wonderland like "America". As brilliant he was, he came to US as student for higher studies after completing his bachelor from China. Using his family savings, he completed his masters and his dream came true when he became part of most dedicated and efficient workforce in the world. His employer couldn’t find match for his position after rigorous recruitment effort so the company applied for his Labor Certificate. It was around May 2002 when his application was filed at NJ SWA (State Workforce Agency). By that time all SWA agencies were completely backlogged by 245(i) applications (April 2001) from “illegals”. Hoping that DFLC (Division of Foreign Labor Certification) status page will change from April 2001, Jhang spent more than 18 months waiting. Then one day he discovered NJ SWA is moving forward and processing May 2001 cases, and he got assurance that there is still justice in the system.
After adjudicating 10 months of backlogged case within a year or so, DOL came up with idea of completely scraping the existing labor certificate system and introducing new "faster" system called PERM. So logically its safe to assume that DOL will adjudicate all existing backlogged cases before implementing new system. But no, DOL added more red tape ness to already chaotic system by eliminating all SWA and created 2 backlog elimination center (BEC): Philadelphia and Dallas. DOL also created 2 centers (Atlanta and Chicago) to process PERM application. It’s ironical that DOL will adjudicate applications that are filled this year (through PERM) before applications filled in 2001.
Since December 2004, BECs are data entering the cases and its being estimated that data entry will continue till end of this year.
Once data entry is completed, DOL will add one more level of entropy by sending "45 day letter" to lawyers and employers and mandating them to acknowledge it. DOL is estimating that all backlogs will be eliminated within 24-30 months, but looking at current pace it seems very optimistic estimate.
Conservative or liberal, democrats or republicans, sane or insane, everybody agrees that legal immigration is better than illegal, but DOL discounted legal immigrants like Jhang so that they can process thousands of 245(i) applications who came to this country illegaly or overstayed their status.
Jhang is waiting now to get his 7th year extension to his H1, so that he can stay in the country for one more year. At the age (31) when he is supposed to consolidate his family, raise his children, he is living in uncertainty. In spite of substantial savings, he is renting because he is always 6 months away from his labor. But “labor certificate” is mirage for him now. He is postponing expanding his family so that he doesn’t have to raise his new born in new environment if he has to go back to China. These years he denied all promotions, ignored opportunities just so that he doesn't have to start labor process from the beginning. Her wife already spoiled her career because her being on H4 status, couldn't work.
Nobody, not even his employer or lawyer knows where his file is. DOL doesn’t have any status page where employer or lawyer can get information. Even though he is invaluable employee to his company for 6 years now (and he is being handsomely rewarded), he might have to abruptly stop his life not because of his inability but because of DOL delay.
While in US for 8 years, he contributed financially (paying thousands in taxes, investing in American companies) and socially to the society and now he is more Americanized than Chinese. His everyday food is burgers and not noodles.
As a legal, tax-paying and productive member of society, Jhang's career and his spouse’s working status is stalled by this seemingly never ending unfair wait in the American legal immigration system and is very discouraging and possibly detrimental to the interest of the American global economy in the 21st century.
To honorable officer, we would also like to mention that labor certificate is only first step to gain permanent residency in U.S. With visa retrogressed back to many years, that’s another battle (many years of wait) for Jhang to fight before he sleeps.
Here are some of the suggestions that we think will help our cause.
- Divert resources from Atlanta and Chicago center to eliminate current backlog.
- Set stringent target for DOL to adjudicate all backlogged applications by March 2006.
- Request senate to allocate more funding to DOL for this cause.
- Stop "45 day letters" formality.
We request you to set up an inquiry to DOL backlog and take immediate action to eliminate it so that many “Jhangs” keep on serving the greatest country on earth.