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LC halt due to string of Layoffs
- Thread starter rohm
- Start date
singhsoorma
Registered Users (C)
gocubs
sure why not? Right now my case is with DOL fed level. The SESA was IL and It was filed with SESA in July first week.
sure why not? Right now my case is with DOL fed level. The SESA was IL and It was filed with SESA in July first week.
same here
I work for a telecom company, my state LC got approved in Sept 2001 and then it went for Federal and I have not heard since. My company laid off employees in Nov. Talked to my lawyer and he says that my company has to submit a reply and if INS is satisfied then my papers will move if not they are on hold for ever.
Hoping for the better!
I work for a telecom company, my state LC got approved in Sept 2001 and then it went for Federal and I have not heard since. My company laid off employees in Nov. Talked to my lawyer and he says that my company has to submit a reply and if INS is satisfied then my papers will move if not they are on hold for ever.
Hoping for the better!
test drive
New Member
I think it is not as bad as you may think.
I have seen some LCs from one big company that had several rounds of layoffs last year certifed in MA in recent months. And I haven\'t seen any LC from the company got denied (just NOFs so far). I guess the LCs will eventually get certified, just a matter of time.
Hope for the best,
I have seen some LCs from one big company that had several rounds of layoffs last year certifed in MA in recent months. And I haven\'t seen any LC from the company got denied (just NOFs so far). I guess the LCs will eventually get certified, just a matter of time.
Hope for the best,
Vijay Durgam
New Member
Technical Editor
Rajiv says,
"Probably yes.
Here are the issues that the employer needs to consider -
HAVE WE LAID OFF EMPLOYEES IN JOBS DISSIMILAR TO THE LABOR CERT JOBS?
If the jobs are dissimilar, there should be no problem in filing labor certifications. For instance, if an employer has laid off Database Administrators, they can still file for labor certs of Software Engineers.
HAVE WE LAID OFF EMPLOYEES IN JOBS SIMILAR TO THE LABOR CERT JOBS?
If the jobs are same, it is very difficult to make a case for labor cert, bit it still may be possible if we have a good enough explanation. For instance, we are laying off DB2 DBA\'s only. We still need MS SQL Server and Oracle DBA\'s.
If the jobs are similar, we have to assess how similar are they. The US Department of Labor will look at these cases on an individual, case-by-case basis.
Therefore, laying off employees by itself does not operate as a blanket ban against filing labor certifications".
Regards
Vijay
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.
Rajiv says,
"Probably yes.
Here are the issues that the employer needs to consider -
HAVE WE LAID OFF EMPLOYEES IN JOBS DISSIMILAR TO THE LABOR CERT JOBS?
If the jobs are dissimilar, there should be no problem in filing labor certifications. For instance, if an employer has laid off Database Administrators, they can still file for labor certs of Software Engineers.
HAVE WE LAID OFF EMPLOYEES IN JOBS SIMILAR TO THE LABOR CERT JOBS?
If the jobs are same, it is very difficult to make a case for labor cert, bit it still may be possible if we have a good enough explanation. For instance, we are laying off DB2 DBA\'s only. We still need MS SQL Server and Oracle DBA\'s.
If the jobs are similar, we have to assess how similar are they. The US Department of Labor will look at these cases on an individual, case-by-case basis.
Therefore, laying off employees by itself does not operate as a blanket ban against filing labor certifications".
Regards
Vijay
The writer of this message is not a lawyer and this message is not meant to be legal advice. Before relying on this information, you must consult a lawyer on the facts of your specific case. The Law Offices of Rajiv S. Khanna takes no responsibility for the accuracy of this information.
more cases updated 3/18
Case # : 054020xx
DOT Code : 137.267-018
Received Regional Office: 10/31/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054019xx
DOT Code : 030.062-010
Received Regional Office: 10/30/2001
Current Status : Reduct. in Recruitment Denied On 03/18/2002.
Case # : 054019xx
DOT Code : 030.162-014
Received Regional Office: 10/30/2001
Current Status : NOF Rebuttal Received On 03/18/2002
Case # : 054018xx
DOT Code : 920.137-026
Received Regional Office: 10/29/2001
Current Status : NOF Rebuttal Received On 03/15/2002.
Case # : 054017xx
DOT Code : 160.162-018
Received Regional Office: 10/26/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054001xx
DOT Code : 030.062-010
Received Regional Office: 08/27/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054001xx
DOT Code : 313.361-030
Received Regional Office: 08/22/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054000xx
DOT Code : 313.361-030
Received Regional Office: 08/22/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054000xx
DOT Code : 301.137-010
Received Regional Office: 08/22/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002
Case # : 054000xx
DOT Code : 166.117-018
Received Regional Office: 08/20/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002
Case # : 054020xx
DOT Code : 137.267-018
Received Regional Office: 10/31/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054019xx
DOT Code : 030.062-010
Received Regional Office: 10/30/2001
Current Status : Reduct. in Recruitment Denied On 03/18/2002.
Case # : 054019xx
DOT Code : 030.162-014
Received Regional Office: 10/30/2001
Current Status : NOF Rebuttal Received On 03/18/2002
Case # : 054018xx
DOT Code : 920.137-026
Received Regional Office: 10/29/2001
Current Status : NOF Rebuttal Received On 03/15/2002.
Case # : 054017xx
DOT Code : 160.162-018
Received Regional Office: 10/26/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054001xx
DOT Code : 030.062-010
Received Regional Office: 08/27/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054001xx
DOT Code : 313.361-030
Received Regional Office: 08/22/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054000xx
DOT Code : 313.361-030
Received Regional Office: 08/22/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002.
Case # : 054000xx
DOT Code : 301.137-010
Received Regional Office: 08/22/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002
Case # : 054000xx
DOT Code : 166.117-018
Received Regional Office: 08/20/2001
Current Status : Certified -- FINAL ACTION On 03/18/2002
singhsoorma
Registered Users (C)
any news
folks any news on halted LCs
folks any news on halted LCs
singhsoorma
Registered Users (C)
Chicago DOL
Jim can you throw some light regarding these guideline
F...Y...I
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-262-0575
F...Y...I
Jim
James D. Mills
Attorney at Law
jdmills@justice.com
732-262-0575
GC Dreamer
Registered Users (C)
Relevant posting from http://www.immigration-law.com (see Breaking News)
Updated 03/24/2002: Layoffs and Survivability of Alien Labor Certification
The DOL HQ released the guidelines on this issue on March 20, 2002. The guidelines say to the Certifying Officers that "Yogi Berra \'It Ain\'t Over Till It Is Over.\'" The country\'s poor economy and high unemployment rate change the job of the Certifying Officers as follows:
- Employer\'s Layoffs During the 6-Month After Submitting RIR: The Certifying Officers are directed to send a letter called Notice of Finding demanding to submit and explain the situation within 35 days, if the employer indeed laid off the employees in the specific occupation that the employer has submitted RIR application. If it is explained satisfactorily, the Certifying Officers will approve the application. Otherwise, the Certifying Officers will deny the application. Accordingly, the practice of some Certifying Officers who denied RIR strictly based the company\'s layoff record after 9/11without giving an opportunity to the employer should stop such practice.
- General Layoff by Other Employers in the Industry in the Area: Even though the employer did not layoff similar occupation employees, the Certifying Officers are required to take additional action, should they gain the information that there was a general layoff by the employers in the specific industry and in the specific area for the occupation. Employer will be given an option to place one more ad and submit the recruitment result after two weeks. Based on the result, the Certifying Officer should make a decision. Employer may decline to take such option and request the Certifying Officer to convert it to a regular application.
- Emplolyer\'s Layoff plus On-Going General Layoff in the Industry in the Area: The Certifying Officers are then mandated to collect information and data on their own initiatives using basically three sources: (1) Region\'s own experience and record of regular labor certification applications received; (2) State offices (SWA) record including unemployment compensation claims, job banks, etc.; (3) News and reports of various current articles on unemployment. After reviewing all these sources of data, should the Certifying Officers be convinced that there were qualified workers available in the industry and in the area, the Certifying Officers should deny the RIR application and remand to the state offices for further processing as a regular application.
Thus bug does not stop at the submission of RIR application any more. The days are gone that when RIR applications were successfully forwarded to the Certifying Officers, such applications were more or less rubber stamped by the Certifying Officers. The agencies will from here on be proactive in investigating the job market conditions and determine availability of U.S. workers for the job. Generally, the jobs which were hit hardest will face rough road ahead in labor certification application.
Updated 03/24/2002: Layoffs and Survivability of Alien Labor Certification
The DOL HQ released the guidelines on this issue on March 20, 2002. The guidelines say to the Certifying Officers that "Yogi Berra \'It Ain\'t Over Till It Is Over.\'" The country\'s poor economy and high unemployment rate change the job of the Certifying Officers as follows:
- Employer\'s Layoffs During the 6-Month After Submitting RIR: The Certifying Officers are directed to send a letter called Notice of Finding demanding to submit and explain the situation within 35 days, if the employer indeed laid off the employees in the specific occupation that the employer has submitted RIR application. If it is explained satisfactorily, the Certifying Officers will approve the application. Otherwise, the Certifying Officers will deny the application. Accordingly, the practice of some Certifying Officers who denied RIR strictly based the company\'s layoff record after 9/11without giving an opportunity to the employer should stop such practice.
- General Layoff by Other Employers in the Industry in the Area: Even though the employer did not layoff similar occupation employees, the Certifying Officers are required to take additional action, should they gain the information that there was a general layoff by the employers in the specific industry and in the specific area for the occupation. Employer will be given an option to place one more ad and submit the recruitment result after two weeks. Based on the result, the Certifying Officer should make a decision. Employer may decline to take such option and request the Certifying Officer to convert it to a regular application.
- Emplolyer\'s Layoff plus On-Going General Layoff in the Industry in the Area: The Certifying Officers are then mandated to collect information and data on their own initiatives using basically three sources: (1) Region\'s own experience and record of regular labor certification applications received; (2) State offices (SWA) record including unemployment compensation claims, job banks, etc.; (3) News and reports of various current articles on unemployment. After reviewing all these sources of data, should the Certifying Officers be convinced that there were qualified workers available in the industry and in the area, the Certifying Officers should deny the RIR application and remand to the state offices for further processing as a regular application.
Thus bug does not stop at the submission of RIR application any more. The days are gone that when RIR applications were successfully forwarded to the Certifying Officers, such applications were more or less rubber stamped by the Certifying Officers. The agencies will from here on be proactive in investigating the job market conditions and determine availability of U.S. workers for the job. Generally, the jobs which were hit hardest will face rough road ahead in labor certification application.
more cases updated 3/21
I wonder how many of these are related to Layoffs?
Case # : 054017xx
DOT Code : 041.081-010
Received Regional Office: 10/29/2001
Current Status : Reduct. in Recruitment Denied On 03/21/2002.
Case # : 054014xx
DOT Code : 019.167-010
Received Regional Office: 10/16/2001
Current Status : Notice of Findings Issued -- FINAL ACTION Due On 04/25/2002. Posted on 03/21/2002
Case # : 054005xx
DOT Code : 030.062-010
Received Regional Office: 09/07/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054004xx
DOT Code : 313.361-030
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054004xx
DOT Code : 189.167-010
Received Regional Office: 09/04/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054001xx
DOT Code : 189.117-022
Received Regional Office: 08/28/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054001xx
DOT Code : 007.061-014
Received Regional Office: 08/24/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054001xx
DOT Code : 092.227-010
Received Regional Office: 08/24/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
I wonder how many of these are related to Layoffs?
Case # : 054017xx
DOT Code : 041.081-010
Received Regional Office: 10/29/2001
Current Status : Reduct. in Recruitment Denied On 03/21/2002.
Case # : 054014xx
DOT Code : 019.167-010
Received Regional Office: 10/16/2001
Current Status : Notice of Findings Issued -- FINAL ACTION Due On 04/25/2002. Posted on 03/21/2002
Case # : 054005xx
DOT Code : 030.062-010
Received Regional Office: 09/07/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054004xx
DOT Code : 313.361-030
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054004xx
DOT Code : 189.167-010
Received Regional Office: 09/04/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054001xx
DOT Code : 189.117-022
Received Regional Office: 08/28/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054001xx
DOT Code : 007.061-014
Received Regional Office: 08/24/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
Case # : 054001xx
DOT Code : 092.227-010
Received Regional Office: 08/24/2001
Current Status : Certified -- FINAL ACTION On 03/21/2002.
more updates on 3/26
Case # : 054020xx
DOT Code : 620.261-010
Received Regional Office: 10/31/2001
Current Status : Reduct. in Recruitment Denied On 03/26/2002.
Case # : 054017xx
DOT Code : 120.107-010
Received Regional Office: 10/26/2001
Current Status : NOF Rebuttal Received On 03/25/2002.
Case # : 054017xx
DOT Code : 920.587-018
Received Regional Office: 10/26/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054015xx
DOT Code : 169.167-034
Received Regional Office: 10/19/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054014xx
DOT Code : 050.067-014
Received Regional Office: 10/16/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054014xx
DOT Code : 001.061-010
Received Regional Office: 10/16/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 600.280-022
Received Regional Office: 09/24/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 030.162-010
Received Regional Office: 09/24/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 030.162-014
Received Regional Office: 09/17/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 090.227-010
Received Regional Office: 09/13/2001
Current Status : Certified -- FINAL ACTION On 03/06/2002.
Case # : 054008xx
DOT Code : 169.167-074
Received Regional Office: 09/19/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054008xx
DOT Code : 862.381-034
Received Regional Office: 09/11/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054007xx
DOT Code : 189.167-010
Received Regional Office: 09/10/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054007xx
DOT Code : 315.361-010
Received Regional Office: 09/10/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054006xx
DOT Code : 187.167-106
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054006xx
DOT Code : 187.161-010
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054006xx
DOT Code : 030.162-014
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054006xx
DOT Code : 187.167-106
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 189.167-010
Received Regional Office: 09/05/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 030.062-010
Received Regional Office: 09/05/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 609.360-010
Received Regional Office: 09/07/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 030.062-010
Received Regional Office: 09/07/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054020xx
DOT Code : 620.261-010
Received Regional Office: 10/31/2001
Current Status : Reduct. in Recruitment Denied On 03/26/2002.
Case # : 054017xx
DOT Code : 120.107-010
Received Regional Office: 10/26/2001
Current Status : NOF Rebuttal Received On 03/25/2002.
Case # : 054017xx
DOT Code : 920.587-018
Received Regional Office: 10/26/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054015xx
DOT Code : 169.167-034
Received Regional Office: 10/19/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054014xx
DOT Code : 050.067-014
Received Regional Office: 10/16/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054014xx
DOT Code : 001.061-010
Received Regional Office: 10/16/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 600.280-022
Received Regional Office: 09/24/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 030.162-010
Received Regional Office: 09/24/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 030.162-014
Received Regional Office: 09/17/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054009xx
DOT Code : 090.227-010
Received Regional Office: 09/13/2001
Current Status : Certified -- FINAL ACTION On 03/06/2002.
Case # : 054008xx
DOT Code : 169.167-074
Received Regional Office: 09/19/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054008xx
DOT Code : 862.381-034
Received Regional Office: 09/11/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054007xx
DOT Code : 189.167-010
Received Regional Office: 09/10/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054007xx
DOT Code : 315.361-010
Received Regional Office: 09/10/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054006xx
DOT Code : 187.167-106
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/26/2002.
Case # : 054006xx
DOT Code : 187.161-010
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054006xx
DOT Code : 030.162-014
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054006xx
DOT Code : 187.167-106
Received Regional Office: 09/06/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 189.167-010
Received Regional Office: 09/05/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 030.062-010
Received Regional Office: 09/05/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 609.360-010
Received Regional Office: 09/07/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.
Case # : 054005xx
DOT Code : 030.062-010
Received Regional Office: 09/07/2001
Current Status : Certified -- FINAL ACTION On 03/22/2002.