Summary of DOL Liaison Meeting on 05-15-2003 (05-20-2003)
Department of Labor (DOL) comments
Processing Times
RIR cases: pulling 06-21-2002
Non-RIR: pulling 05-20-2002
Number of cases pending
RIR cases: 13,000 to 14,000
Non-RIR: 2,000 to 3,000
DOL processes about 2000 cases per month.
Re-Test labor market letter for RIR cases
If the employer withdraws the case, DOL will not send an acknowledgement letter nor will the case be returned to the employer.
If the employer requests DOL to remand the case to EDD (EMPLOYMENT DEVELOPMENT DEPARTMENT), the case will be returned immediately, but no communication will be sent to the employer that this has occurred. Once the case is remanded to EDD, the case will be interfiled according to its original priority date.
If the employer provides the tear sheet and DOL deems that the reasons for rejecting the US workers responding to the recruitment were vague, DOL will deny the RIR and remand the case to EDD. DOL also indicated that a Notice of Findings (NOF) could be issued instead of simply denying the RIR portion of the case, but the Certifying Officer was "vague" as to when this would happen. It might be based "simply" on the number of applicants responding to the re-test of the labor market. The impression given was it could be as few as 10 resumes received, even if reasons for rejecting these candidates were given.
RIR cases
The Certifying Officer opined that since January 2002 there has been US worker availability for hi-tech positions - thus very difficult to process RIR cases. Not clear how he will handle these cases - but seems likely that a NOF will be issued.
