Chicago Regional DOL Tracker - Old (Archived on 09/22/2004)
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DOL Publishes Labor Certification Backlog Reduction Rule
July 20, 2004 -- On July 21, 2004, the Department of Labor (DOL) will publish an interim rule that authorizes a plan to reduce the current backlog of pending permanent labor certification cases. The rule, which takes effect on August 20, 2004, gives the agency's Division of Foreign Labor Certification the discretion to direct State Workforce Agencies (SWAs) and DOL Regional Offices to transfer pending labor certification cases to processing centers in Philadelphia and Dallas, with the goal of clearing the backlog of 310,000 cases in two years. DOL has not yet released the details of the plan, but is expected to issue a directive to SWAs and regional offices with specific information on backlog reduction priorities and case selection. The rule makes clear that the reduction plan will operate independently of the Program Electronic Review Management (PERM) program, which is not expected to be finalized until later this year.
Background
Before an employment-based immigrant petition may be approved on behalf of a foreign national seeking to work permanently in the United States, the Department of Labor must certify that there are no U.S. workers who are able, willing, qualified and available for the job opening and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. The certification process is undertaken by State Workforce Agencies and Department of Labor Regional Offices.
Under current procedures, an employer who seeks to permanently employ and immigrant foreign national in the United States must file Form ETA-750, the Application for Alien Employment Certification, with the State Workforce Agency serving the area of intended employment. The SWA performs a number of functions related to the application, including setting its place in the processing queue (the priority date), determining the prevailing wage for the position, and listing the job opening in the state's employment recruitment system. Based on the results of recruitment for the job opening, the SWA makes an initial determination as to whether there are able, willing and qualified U.S. workers available to take the job. If no U.S. workers are available, the SWA forwards the labor certification application, recruitment results and prevailing wage information to the appropriate DOL Regional Office, where the materials are reviewed and a determination is made as to whether to issue the labor certification based on the employer's compliance with program regulations. If the regional office determines that there are no able, willing, qualified and available U.S. workers and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers, a permanent labor certification is issued.
The backlog reduction centers are expected to centralize these processes and consolidate functions now performed separately by the SWAs and DOL regions. The new rule provides few details on the specifics of the plan, but the Foreign Labor Certification Division will later issue a directive with details on how SWAs and DOL regions should identify cases for backlog processing and where the cases should be sent. In the past, DOL officials have stated that the Dallas and Philadelphia centers will deal first with cases from their respective local regions and will address heavily backlogged regions such as New York and California later on in the process, but backlog priorities will not be known with certainty until the agency issues its specific directives to the SWAs and regional offices.
The permanent labor certification program's significant case backlogs are in large part attributable to the extension of Section 245(i) of the Immigration and Nationality Act, which permitted certain foreign nationals who entered the United States without inspection, engaged in unlawful employment or otherwise failed to maintain status to adjust status to permanent resident if a labor certification was filed on their behalf with an SWA on or before April 30, 2001. DOL estimates that more than 230,000 applications were filed to meet this deadline, nearly two and a half times more applications than were customarily filed in an entire year.
July 20, 2004 -- On July 21, 2004, the Department of Labor (DOL) will publish an interim rule that authorizes a plan to reduce the current backlog of pending permanent labor certification cases. The rule, which takes effect on August 20, 2004, gives the agency's Division of Foreign Labor Certification the discretion to direct State Workforce Agencies (SWAs) and DOL Regional Offices to transfer pending labor certification cases to processing centers in Philadelphia and Dallas, with the goal of clearing the backlog of 310,000 cases in two years. DOL has not yet released the details of the plan, but is expected to issue a directive to SWAs and regional offices with specific information on backlog reduction priorities and case selection. The rule makes clear that the reduction plan will operate independently of the Program Electronic Review Management (PERM) program, which is not expected to be finalized until later this year.
Background
Before an employment-based immigrant petition may be approved on behalf of a foreign national seeking to work permanently in the United States, the Department of Labor must certify that there are no U.S. workers who are able, willing, qualified and available for the job opening and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers. The certification process is undertaken by State Workforce Agencies and Department of Labor Regional Offices.
Under current procedures, an employer who seeks to permanently employ and immigrant foreign national in the United States must file Form ETA-750, the Application for Alien Employment Certification, with the State Workforce Agency serving the area of intended employment. The SWA performs a number of functions related to the application, including setting its place in the processing queue (the priority date), determining the prevailing wage for the position, and listing the job opening in the state's employment recruitment system. Based on the results of recruitment for the job opening, the SWA makes an initial determination as to whether there are able, willing and qualified U.S. workers available to take the job. If no U.S. workers are available, the SWA forwards the labor certification application, recruitment results and prevailing wage information to the appropriate DOL Regional Office, where the materials are reviewed and a determination is made as to whether to issue the labor certification based on the employer's compliance with program regulations. If the regional office determines that there are no able, willing, qualified and available U.S. workers and that employment of the foreign national will not adversely affect the wages and working conditions of similarly employed U.S. workers, a permanent labor certification is issued.
The backlog reduction centers are expected to centralize these processes and consolidate functions now performed separately by the SWAs and DOL regions. The new rule provides few details on the specifics of the plan, but the Foreign Labor Certification Division will later issue a directive with details on how SWAs and DOL regions should identify cases for backlog processing and where the cases should be sent. In the past, DOL officials have stated that the Dallas and Philadelphia centers will deal first with cases from their respective local regions and will address heavily backlogged regions such as New York and California later on in the process, but backlog priorities will not be known with certainty until the agency issues its specific directives to the SWAs and regional offices.
The permanent labor certification program's significant case backlogs are in large part attributable to the extension of Section 245(i) of the Immigration and Nationality Act, which permitted certain foreign nationals who entered the United States without inspection, engaged in unlawful employment or otherwise failed to maintain status to adjust status to permanent resident if a labor certification was filed on their behalf with an SWA on or before April 30, 2001. DOL estimates that more than 230,000 applications were filed to meet this deadline, nearly two and a half times more applications than were customarily filed in an entire year.
LongestLabor
Registered Users (C)
CharlesMighty,
at least the NONRIR queue is moving after a long time,
if I remember 3 months back S. Reddy from Michigan got certified.
So you are next, I guess.
The difference between limited review and ordinary review is,
if the responses are too many then it goes to regular review,
if no qualified applicant responds,
it goes to limited review,
within NONRIR, of course which is a little faster.
The super from Chicago meant the old perm cases, am not sure if they are regular or reduction in recruitment,
but some backlog reduction is better than nothing I guess.
So lets hope for some approvals.
As for guestimates,
the probability of an amnesty is more likely than our labor apps getting approved.
at least the NONRIR queue is moving after a long time,
if I remember 3 months back S. Reddy from Michigan got certified.
So you are next, I guess.
The difference between limited review and ordinary review is,
if the responses are too many then it goes to regular review,
if no qualified applicant responds,
it goes to limited review,
within NONRIR, of course which is a little faster.
The super from Chicago meant the old perm cases, am not sure if they are regular or reduction in recruitment,
but some backlog reduction is better than nothing I guess.
So lets hope for some approvals.
As for guestimates,
the probability of an amnesty is more likely than our labor apps getting approved.
DOL update
Guys,
I just now talked to operator at Chicago DOL...
My case RD is Jan 2nd 2004....and she said it will be another few months for your case....
The reason she gave was "we are backed up, so it will take time. I cant tell you how long, but it willbe few months"....
I m just frustrated like everyone else here....
Anyone has anthing else to say!!!
Guys,
I just now talked to operator at Chicago DOL...
My case RD is Jan 2nd 2004....and she said it will be another few months for your case....
The reason she gave was "we are backed up, so it will take time. I cant tell you how long, but it willbe few months"....
I m just frustrated like everyone else here....
Anyone has anthing else to say!!!
shail,we will have to trust the memo which chic-dol posted earlier and assume that they will start working on the dec cases from august..albeit slowly!
my question to you guys is - ok, things slowed down recently to 8-9 months wait time..but what caused the slowdown from the initial wait time of 2 months to 6 months in the first place? also,from the previous posts from this forum,has anyone with a PD of Jan got an approval?
my question to you guys is - ok, things slowed down recently to 8-9 months wait time..but what caused the slowdown from the initial wait time of 2 months to 6 months in the first place? also,from the previous posts from this forum,has anyone with a PD of Jan got an approval?
gc_when2004
Registered Users (C)
My company HR said, they have received 4 RFE approvals recently (last 5 weeks)... I end up believing that CHIC DOL is sincerely working on pending RFE's. Ironically, i'm not seeing any RFE approvals posts on this forum..
Guys please post your RFE approvals, if any, that would relieve some of our frustration .
Guys please post your RFE approvals, if any, that would relieve some of our frustration
.frostrated
Registered Users (C)
Labor application transfers
With the creation of the Backlog Reduction Centers, do we know which applications are going to get transferred. Are the new applications going to be transferred to these centers or are the ones that are backlogged going to be sent there?
With the creation of the Backlog Reduction Centers, do we know which applications are going to get transferred. Are the new applications going to be transferred to these centers or are the ones that are backlogged going to be sent there?
higcoptimist
Registered Users (C)
ravib said:
Hi Ravib,
My case was filed in Michigan, in Jan 03. It is RIR. The filed moved to Chicago on July 16 after a good year and a half.
Higcoptimist
frostrated..i don't think anyone has a clue to your question..we are all inthe same boat..but at the same time do you think contacting the local senators will help? i have seen cases all over the other forums where contacting senators speeds up the whole situation...in our case we can tell them about the lack of human resources which is adding on to the backlog (as per the memo chic-dol posted last week)
rest_2004_free
Registered Users (C)
Let us do it...send letters to the senators...
If somebody can format the letter that would be very pleasing and requesting, we can all send the letters to the senators....
People in other forums are definetely doing that...why can't we...?
If somebody can format the letter that would be very pleasing and requesting, we can all send the letters to the senators....
People in other forums are definetely doing that...why can't we...?
Hello Guys !
Hello All,
I think it would be much better to contact the DOL / director to know exactly whats happening on the labor processing. As I understand few my friends cases which were pending in SESA's various states has moved to Dallas (instead their region). SO lets try and get information on the backlog centers first before writing to senators.
Regards
Pal.
Hello All,
I think it would be much better to contact the DOL / director to know exactly whats happening on the labor processing. As I understand few my friends cases which were pending in SESA's various states has moved to Dallas (instead their region). SO lets try and get information on the backlog centers first before writing to senators.
Regards
Pal.
frostrated
Registered Users (C)
Processing time
Can anyone tell me how long it is taking Kansas to process RIR applications? My application just got filed today. And is there any way to track it?
Can anyone tell me how long it is taking Kansas to process RIR applications? My application just got filed today. And is there any way to track it?
Kansas RIR is June 2004. Your Regional DOL Office is Chicago. Processing Dec 2003 (last updated on July17th, 2004). Dates are updated once a month, mostly. You can find link to updated date on www.immigration.com home web page or from DOL's web site at http://ows.doleta.gov/foreign/times.asp#regfrostrated said:
LIN number
Hi Folks,
Does a lawyer recieve a confirmation when a state labor is approved or does the confirmation come only when Federal labor is also approved?
And how does one get LIN number? I guess state labor petition has only file number. Is that whats LIN number?
Thanks.
Hi Folks,
Does a lawyer recieve a confirmation when a state labor is approved or does the confirmation come only when Federal labor is also approved?
And how does one get LIN number? I guess state labor petition has only file number. Is that whats LIN number?
Thanks.
julsun said:
julsun,
When state will forward your lc to regional office your lawyer will get a letter. And when Regional office will approve your LC, your lawyer will get letter.
After get your LC is done and you will file for I-140 and I-485 then your case will be assigned LIN number. I really do not know what is meant by LIN but I do know that when you file any petition with INS, they issue case number starting with LIN....
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