You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Case Remanded to SESA ...
- Thread starter zbcx123
- Start date
Procedure/Responsibilty of DOL ETA
The regional CO, based on documentation submitted by the employer (through the SESA), must determine whether any qualified and willing U.S. workers are available for the job. ETA reviews each employer's application for artificial barriers or unnecessary and unreasonable job requirements. They also look for job requirements tailored to the alien's work; experience . On the other hand, the DOL also has a responsibility to assist an employer when U.S. workers are not qualified, available, or willing to perform the work. The ETA regional offices can either:
- remand the application to the SESA for further processing or corrections;
- issue a Notice of Findings to the employer detailing problems that must be corrected before a decision can be made on the application;
- issue a denial after considering employer rebuttals to Notice of Findings and a notice of the right to appeal; or
- approve and issue the labor certification.
If the RIR request is denied because the prior recruitment is not acceptable or the region believes that there are qualified workers available for the position, the application is retuned to the SESA for regular processing and the employers will be required to engage in a SESA-supervised recruitment campaign.
Regular or Non-RIR method.
In this method, SESA basically provides a ministerial function by scrutinizing application to determine if all basic elements of application are completed. They have the right to inquire whether the minimum job requirements are too restrictive, whether the wages offered is" prevailing," where the position involves a combination of duties and other related issues. There are very specific rules about these issues .When SESA raises such questions, an "assessment notice" is sent to the employer who then has 45 days to response. SESA does not rule on whether the employer's answers are sufficient. Normally, the employer many rebut and justify a requirement of wage, or the employer may amend a requirement or wage to whatever SESA suggests.
The SESA-supervised recruitment campaign
Once wage and requirement issues are sorted out, SESA instruct the employer to advertise the position for three days in a local newspaper or for one month in a trade journal. The employer must also post notices on-site for 10 days. Thereafter, if there are applicants, the company will be given time to interview them.
Labor Certification issued or denied
Once the employer provides a recruitment result report to SESA, SESA forwards the file to DOL for determination about whether the labor rectification should be issued. If DOL is inclined to deny the labor cert, it will first issue a Notice of Findings (NOF) and the employer will have the opportunity to rebut or to take corrective action so it can be approved.
The regional CO, based on documentation submitted by the employer (through the SESA), must determine whether any qualified and willing U.S. workers are available for the job. ETA reviews each employer's application for artificial barriers or unnecessary and unreasonable job requirements. They also look for job requirements tailored to the alien's work; experience . On the other hand, the DOL also has a responsibility to assist an employer when U.S. workers are not qualified, available, or willing to perform the work. The ETA regional offices can either:
- remand the application to the SESA for further processing or corrections;
- issue a Notice of Findings to the employer detailing problems that must be corrected before a decision can be made on the application;
- issue a denial after considering employer rebuttals to Notice of Findings and a notice of the right to appeal; or
- approve and issue the labor certification.
If the RIR request is denied because the prior recruitment is not acceptable or the region believes that there are qualified workers available for the position, the application is retuned to the SESA for regular processing and the employers will be required to engage in a SESA-supervised recruitment campaign.
Regular or Non-RIR method.
In this method, SESA basically provides a ministerial function by scrutinizing application to determine if all basic elements of application are completed. They have the right to inquire whether the minimum job requirements are too restrictive, whether the wages offered is" prevailing," where the position involves a combination of duties and other related issues. There are very specific rules about these issues .When SESA raises such questions, an "assessment notice" is sent to the employer who then has 45 days to response. SESA does not rule on whether the employer's answers are sufficient. Normally, the employer many rebut and justify a requirement of wage, or the employer may amend a requirement or wage to whatever SESA suggests.
The SESA-supervised recruitment campaign
Once wage and requirement issues are sorted out, SESA instruct the employer to advertise the position for three days in a local newspaper or for one month in a trade journal. The employer must also post notices on-site for 10 days. Thereafter, if there are applicants, the company will be given time to interview them.
Labor Certification issued or denied
Once the employer provides a recruitment result report to SESA, SESA forwards the file to DOL for determination about whether the labor rectification should be issued. If DOL is inclined to deny the labor cert, it will first issue a Notice of Findings (NOF) and the employer will have the opportunity to rebut or to take corrective action so it can be approved.
usnycus,
After receiving the denial from regional DoL (based on their opinion that there is ample availability of workers), my employer is contemplating whether or not to challenge the denial decision...
Any ideas about the implications or outcomes, if we decide to challenge DoL's decision?
Appreciate your advise...
After receiving the denial from regional DoL (based on their opinion that there is ample availability of workers), my employer is contemplating whether or not to challenge the denial decision...
Any ideas about the implications or outcomes, if we decide to challenge DoL's decision?
Appreciate your advise...