Icarus's update summary
Thanks Icarus bring us the answers! it really help us.
I summary the questions and answers and put them into FAQ file, hope you will find it useful, Note, a
ll the answers are by Icarus,
http://gcnews.blogdns.org/?q=node/16
Dallas BPC FAQ
Here is a summary from immigrationportal.com with a link back to the original post by Icarus,
1. [orignoal link] DOL and the contractors
The contract was to "eliminate the backlog" in a "timely" manner. That's it. You have roughly 100 people each in two cities from Mailroom Clerk to C.O. with an initial contract of 2 years with possible extensions for year 3 and 4 for a tidy sum of $16-18M. Data entry is estimated to take until March of '06 to complete.THAT'S JUST THE FIRST STEP!!! So, it's no wonder they take great satisfaction in proclaiming #cases being "processed".
2. [original post] do u know if the processing in the final review will get faster? i mean will the contractor add more personal for that queue? and will the queues for RIR and TR remain independent?
Right now there are about a half a dozen on the DOL side (Dallas) working on final review/certifications. That function is still under the domain of the DOL and I don't know if thee are plans to increase their numbers as time progresses.
3. [original post] after march 2006, all the people doin data entry will be moved to the processing queue? in other words, processing will get much faster after march 2006?
Unsure of future plans but as Data Entry dries up, it is likely that additional personnel will be transferred to the review function to maintain the paper flow. Will probably have more info as the Data Entry function approaches conclusion (fall,winter '05?)
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4.[original post] How a Labor analysis process a case
As an RIR or TR analyst, I would pull the next case from the queue (arranged in FIFO order by PBLS) and attempt to complete analysis and make a recommendation for or against certification. In many cases, if the file is in order and everything is there, this might take 15-20 minutes and then it's sent into the C.O.'s Final Review queue. If there are problems, I might call the agent for additional information (if minor) or recommend NOF, which the agent/employer would be notified of the DOL's intent to deny cert if problems are not addressed within 35 days. If corrective action/documentation is accomplished, the case is reviewed and recommended for cert. If no response or the response falls short of the remedy required, the case is denied. At that point, the case can be dropped by the employer or appealed to BALCA (Labor Court) which reviews the denial and either affirms the decision or returns it to the BEC for further analysis/review.(kinda like Court of Appeals). At any time during the RIR analysis stage, to get back to your question. If we have to wait for a response, the case is set aside pending the response, and the next case is pulled from the queue
5. [original post ] How happen when a case is remand to state
unfortunately, after a remand, the case is pretty much sequestered to TR analysis unless it's evident the remand was erroneous. If it stays in TR, the agent/employer will be contacted re: supervised recruitment process (advertising, posting, etc.)
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6
. [original post ] What are the guidelines an Analyst will follow on an LC to recommend to the CO for certification?
Analysts are responsible for checking data entry into PBLS for accuracy and completeness. Also they determine if all required documents are present in file. If so, analyst fills in checklist in PBLS affirming that recruitment is complete and then forwards case in PBLS to CO for final review and cert.
7. [original post ]
What could be the possible reasons that you can think of an LC to require additional information by the Analyst?
Incomplete recruitment results, clarification of discrepancies between Application and supporting documents.
8. [original post ]
For what reasons an RIR case will be denied and recommended for NON RIR case?
RIR denial is based upon whether case file evidence supports the assertion by the employer/agent that a bonafide recruitment effort has been accomplished. Missing evidence of advertising, ads and recruitment efforts prior to the 6 month period immediately prior to the request date for RIR-examples
9. [original post ]
Under what circumstances an NOF will be issued on LC?How one can overcome on this issue?
NOF's are based upon numerous issues. Frequent examples are questionable proof of employer existence, recruitment that appears to favor the alien (tailoring),vague recruitment results unaddressed by response to #2 above,unduly restrictive job requirements that are beyond what is customarily expected of applicants possessing stated education and experience on 750A, among others. When a NOF is issued, the employer has 35 days to remedy to CO's satisfaction or case will be denied.
10. [original post ]
Based on your estimates when one can see the bunch of approvals/RFE's/Denials/NOFS?
Unable to say at present. All of these have cases currently in process.
11[original post ]
Do you know how one can appeal(Procedure) the LC when he/she had NOF?
If an employer feels that the NOF is erroneous, they may appeal to BALCA(see DOL website for details) who will review decision and either confirm denial or ask the BEC to reconsider/amend decision.
12. [original post ]
When an analyst process the cases, Does he/she follows the guidelines as per the LC filed state or GLOBAL UNIQUE PROCEDURE?"global" or whatever standard the DOL has agreed upon nationwide.
To my knowledge,Until issuing of 45 days letters are completed one may not see much move on decisions of cases as the resources are being utilized in the generation of so called 45 days letters.What is your take on this?Although some personnel may be moved into analysis once Data Entry is wrapped up, the contract was awarded under the proposal that did not propose a 100% analysis labor shift. Obviously, personnel will be needed for mail processing, filing, and other departments, but chances are that as some job functions end, a slight reduction in staff will occur. Unfortunately, most of this is speculation.