Dallas Regional DOL Tracker

Hi davidyee
Never heard of that status.
I have heard of problem and non-problem cases.
Where are you getting this info?

Bipasha
 
Recommended/non-recommended Rir

davidyee said:
Hi,

Does anybody help me to fully understand what the severe difference b.t. Recommended and Non-Recommended in RIR category in DALLAS DOL please? Who categoried them as Recommended /or Non-Recommended(by SESA or by DALLAS DOL)?
In case I'm in Non-Recommended category, does it mean I'm in dead water /or hopeless? Does anybody got certified with this Non-Recommended category?

Thanks,


I heard it by calling DALLAS DOL couple months ago, and also from last year.
They don't answer me what Recommended/Not Recommneded means.

Thanks if somebody will help.
 
David Yee

I am not an expert at this but let me try to help

1) This recommended non-recommended issue only comes into play if Labor certification has been applied via RIR. Not an issue if applied by regular.
2) It seems at some stage someone at Texas Workforce commission makes a decision that though your case is ok to proceed for Labor Cert (ie they dont see the reason to deny your case outright) it doesnt have any merit to be considered as RIR.
3) So basically you are stuck as your case is treated as Regular. Right now DOL is looking at regular case with date of March 2000 (so 4.5 years behind).
4) There is also some category called RIR-Problem case which in theory is better than Regular, but I dont know who makes the determination what is regular and what is RIR Problem.
5) My case was also not recommended because TWC thought there were layoffs in our industry. That was not true - and apparently my lawyer has been trying the get their attention but hasnt succeeded. My case was transferred from TWC to DOL-Dallas in early 2002.
Hope this helps
Best of luck
 
Just fyi...beware that twc can make mistakes as well...in my case we had to request prevailing wage 3 times in 1 year (RIR case in IT field)...and the wages came back as 39K, 83K and 50K. When we brought this to light to TWC, I suppose they realized and recommended my case recently to DOL.

My point being, always be actively involved in your case - and question everything. Remember our lawyers have many other cases and they are human too.
 
Texancanadian, contact Info please

texancanadian said:
I am not an expert at this but let me try to help

1) This recommended non-recommended issue only comes into play if Labor certification has been applied via RIR. Not an issue if applied by regular.
2) It seems at some stage someone at Texas Workforce commission makes a decision that though your case is ok to proceed for Labor Cert (ie they dont see the reason to deny your case outright) it doesnt have any merit to be considered as RIR.
3) So basically you are stuck as your case is treated as Regular. Right now DOL is looking at regular case with date of March 2000 (so 4.5 years behind).
4) There is also some category called RIR-Problem case which in theory is better than Regular, but I dont know who makes the determination what is regular and what is RIR Problem.
5) My case was also not recommended because TWC thought there were layoffs in our industry. That was not true - and apparently my lawyer has been trying the get their attention but hasnt succeeded. My case was transferred from TWC to DOL-Dallas in early 2002.
Hope this helps
Best of luck

Hi, Texancanadian,

Would you please give me your email so that we can contact with each other please?

Thanks,
ebayjane11@gmail.com
 
Labor Certification

Hi.

Just wanted to check if anyone has been having the same problem as I am. My labor certification was filed in Texas in July 2001 and moved to the DOL in Feb 2002. Expecting the cases to be handled in the next 2 years.

Recently, noticing that the processing time was ahead on my case. I inquired with my attorneys and they inquired and found out that my application was filed with the PW exception (prevailing wage exception) and those applications are handled differently.

Does any one going through the same problem as this or any processing times for the pw exception cases. I am considering of refiling my case where the timeline is current.
 
Dallas BRC number

Hi guys,
I called the DOL Dallas yesterday and was told that the "BRC" has moved to a new building. The number to the BRC is 214-237-9111, they will not give any info to petitioners. Have the attorney or your employer call them, and then please share the info :) .
I have given the number to my attorney and am waiting for them to call the BRC.
Thanks.
 
I am inclined to think so, I am sure all of us read the news item about the appointment of a NCO for Dallas and Philadelphia. So they have to have a different command.
This is all my speculation, till we dont hear of any latest approvals, I guess your guess is as good as mine.
 
Dallas BRC.

I called yesterday at the number posted a few messages above just to check on what the current processing date is...still Jan 2003 for RIR. :cool:
If any one else finds out anything more...letters to employer or anything, please post...
 
Please advice (ca or tx)

I work in dallas- tx with well established company. I'm getting STATE
APPROVED labor (NON-RIR) from my company. and at the same time i have
offer from very well established company in california and they will be
filing my labor under RIR. My question 1. Should i stay here in dallas
and accept state approved (NON-RIR) labor? or start new labor(RIR) in
california from scratch.

If i accept NON-RIR approved labor in dallas.Will the regional clear in
2-3 yrs (the current regional processing dates are Mar 2000) HOW MUCH
TIME SHOULD I EXPECT FROM Dallas backlog center? Please advise
.

Thanks in advance
 
Calling the DOL

Gents,
In good measure lets keep our calling the DOL to a minimum.
Please read the posts on the Philly DOL forum, they are quite upto date on the info. Especially the post about the information from the ALA. If you look up that PDF most of the questions here will be answered as it refers to the BEC/BRC.
My 2 cents.
Thanks
 
what is priority day?

As my understanding, priority date is the date SWA or TWC received the labor application...right?

but in DOL database, all the LC applications' date received by state in DALLAS REGION (case number started with '06') are only 2 or 3 days before date received by Region? does that means our priority date will be that day?????? that will be horrible!!!!!!! they are killing/eliminating months when our files were lying in TWC or SWA.... this kind of situation only happened in Dallas region, not in other regions....

also, the former Dallas LC officer will be the director of Dallas BEC, do your guys think he will be really generous to us, based on his slowest processing time in Dallas for past 2 years??????????

anyone can answer me?
 
Priority date

I thought Priority date is the date, when applicaton received by state.

This is really strange to find out that the R_SO(Date, application received by state ) is just 2-3 days before R_RO (Date, application received by regional ). I really don't understand this. The priority date is very important.

Does anybody have any ideas on this ?
 
just visit outside of BEC Dallas Center

Based on the www.immigration-law.com 's informaiton, just walked to the new BEC Dallas center. if the address is correct N 700 Pearl St. Dallas, it is the North Wing of building "Plaza of the Americas", very nice work/play/relax environment...I bet it is 1000 times better than their old working building. The suite 400 has not labeled anything. but there is a lady already sitting there in the front desk...I only can look around, but no courage to ask anything...then just fled away...sigh...they are controlling our fate, but they don't care us.

I am so frustrated,depressed after 2 more years waiting....otherwise I would not do this kind of stupid thing--try to see where they are located.
 
DOL Transition Watch: DOL Provides More Insight

We reported in our October 22, 2004 MURTHYBULLETIN on the ongoing transformation
in the process for labor certification adjudication. That article, entitled "DOL
Sends Transition Plan to SWAs" <http://www.murthy.com/news/n_dolsen.html>, is
available on MurthyDotCom. This has raised many questions. We recently received
additional clarification, based on an October 8, 2004 meeting between key staff
members of the U.S. Department of Labor (DOL) and members of the American
Immigration Lawyer's Association (AILA). Additional information was also
provided to AILA on October 15, 2004. These details shed more light on the DOL
transition plan.

DOL Vision for Uniform Processing Times and National Standards

The October 8, 2004 meeting included a tour of the new Backlog Elimination
Center (BEC) in Philadelphia. The DOL confirmed that the BECs have a new
software system in place to begin processing the backlogged cases. The DOL
shared its vision with AILA; to process all temporary (H2A, H2B) and permanent
labor certification filings at the two national processing centers in Atlanta
and Chicago that report directly to national headquarters. This vision includes
the development of uniform national standards and processes.

Backlog Elimination Centers (BECs)

DOL understands that, before its long-term vision can be accomplished, the
backlog of 310,000 labor certification cases must be addressed. These are the
cases that will be transferred and processed at the BECs in Philadelphia and
Dallas within the next two years. To accomplish this goal, each BEC is staffed
with 35-40 federal employees and approximately 100 contract workers. The
contract workers will provide administrative support and the federal employees
will adjudicate the cases. Recruitment efforts to fill the federal employee
positions included notifying the State Workforce Agencies (SWAs) of the
available positions. Dallas has completed more of its recruitment than
Philadelphia.

Approximately 10,000 cases are in the Philadelphia BEC and contractors are in
the process of entering data on the cases that were transferred from the
Philadelphia Regional Office. Once the data is input, DOL will send Center
Receipt Notification Letters (CRNL), expected to go to the employers having
filed the labor certifications or to the attorneys of record on the cases. These
letters will require response within 45 days to indicate the cases are still
viable. If a response on a case is not received within 45 days it will be closed
by the DOL, which has indicated that there will not be flexibility on this
45-day deadline.

The next batch of cases to be transferred to the BECs will be approximately
20,000 cases from the San Francisco Region (Region VI). The BECs will use a
First-In / First-Out (FIFO) approach to all cases, meaning that the oldest cases
will be processed first. A contractor has been hired specifically to determine
which regions have the oldest cases and how to efficiently transfer these cases
to the BECs. Though FIFO will be used for both RIR and traditional labor
certification cases, they will each have a separate track. This means that an
RIR processed under the FIFO system likely still will be processed faster than a
traditional labor certification processed on a FIFO basis.

PERM / National Processing Centers

If and when PERM is implemented, the Atlanta and Chicago Centers will directly
process cases. These PERM Centers, also referred to as the National Processing
Centers (NPCs), are building an infrastructure for web-based filing. The Chicago
Center is already in the midst of being established. Each Center is in the
process of hiring approximately 50 primarily federal employees. DOL also has a
curriculum prepared to train its new staff. Temporary processing (H2As and H2Bs)
will be migrated to the two NPCs. The transfer is expected to be completed by
the end of the year. DOL still expects the PERM regulation to be published by
the end of 2004, but, as regular MurthyDotCom and MURTHYBULLETIN readers are
aware, there is no guarantee that PERM will now be published.

Until PERM is published, the Atlanta and Chicago Centers will function as
additional BECs. If PERM is not published, an alternate regulation will be
required to eliminate the SWAs' intake of labor certification cases. The Atlanta
and Chicago Centers will function as national processing centers.

New York and San Francisco Regional Offices

The New York and San Francisco Regional Offices will not close until at least
January 2006. These two offices will continue to process permanent labor
certifications until that time. The DOL is working to integrate the computer
systems of all offices into a uniform national software network.

SWAs

The SWAs will finish processing cases that have already been opened for review
and/or recruitment. All other cases will be eventually transferred to one of the
DOL Centers. The DOL said that the Federal Register should have regulatory
activity published regarding the SWAs before the end of the calendar year.

Conclusion

The last two years have brought major changes to the immigration landscape. The
Immigration and Naturalization Service (INS) was abolished and replaced by the
USCIS, ICE, and the CBP. Now, the DOL is restructuring its processes. Throughout
these changes, MurthyDotCom and the MURTHYBULLETIN have provided you with useful
information and analysis. We will continue to assess these changes and update
you, our loyal readers.

© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved

SOURCE:
http://www.murthy.com
 
LC regional DOL Dallas

Reached Dallas Regional office on March 5th 2004 from Louisiana and anxiety began at the same time.Consolation found only in forums by seeing tears of other friends going through same situation.
 
What does a kickback application mean ?

I thought I knew how the Labor /GC process worked but now I am thoroughly confused.
Here are some of my case details. Application was filed under RIR. I am a financial analyst in a multi national firm with no major layoffs.
*
Application sent to TWC : 8/2001
Some questions to Lawyer from TWC : 12/2001
Approved by TWC as per lawyer and sent to DOL Dallas: 3/2002
*
I had not heard anything from DOL since then. In 2003 I was told that probably my case wasnt going ahead fast because though approved by TWC it may have been non -recommended.
Now on Friday my lawyer called to inform me that he received a letter from Enterject and would be sending me some forms to sign. I thought Enterject took TWC's place - so if my state labor was already approved by* TWC (though non-recomended) why is enterject asking questions. Shouldnt DOL be asking ?
When I asked my lawyer he told me*that my application could have been a DOL kickback ? what does DOL kickback mean ? Can anyone please let me know ?
Appreciate your help.
 
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