LC Processing - RIR and Backlog Reduction Program

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usnycus

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Scoreboard of Alien Labor Certification Processing

According to the recent Processing Times Report, the shortest processing times states and the longest processing times states (combining Region and State processing times) are as follows:

Group I: Shortest Processing Times States in Both Regular and RIR: ME,NH,VT,MN,IA

Group II: RIR Good but Regular Bad: AL,FL,GA,KY,MS,NC,SC,TN,ID,RI,WI,KS,NE,LA,NM,OK

Group III: Longest Processing Times States for Both Regular and RIR: CT,MA,NJ,NY,TX,IN,all States in Region II: DE,DC,MD,PA,VA,all States in SF Region: AZ,CA,HI,NV,all States in SEA Region, except ID.

Group I Issues: They are small states. The upcoming changes in the labor certification system (RIR and Backlog Reduction Program) will affect the least in these states. People can file either RIR or Regular. Advantages of Regular include 7th H-1B extension for those who approach the end of 5th year H-1B and potential Limited Review Processing if the ad produces less than three applicants who are not qualified. Disadvantages include expanded market test through the National Job Bank by the states and supervised recruitment process, which can lead to a high rate of failure.

Group II Issues: The people in these states have no option but going for RIR. The upcoming change in the labor certification system will minimally affect those in these states who are currently eligible for RIR. Except Florida and a few other states, most of these states are not expected to get the benefit of the DOL's planned Backlog Reduction Program which will cover initially ten (10) big states.

Group III Issues: They are the ones who should get the most benefits by the upcoming labor certification change. All of them fall under the so-called ten(10) big states plus Florida and some other states in Group II above. The people in these states have no choice but filing any labor certification applications now as they have nothing to lose. When the DOL launches the PERM, they should also try the PERM applications, again since they have nothing to lose by filing the PERM applications. It is expected that most of the permanent labor certification cases will be picked up by the two Backlog Reduction Centers since the state offices will be flooded with the temporary labor certification application cases once the Bush's Temporary Guest Worker program is enacted into the law. The DOL's the new Five-Year Strategic Plan (FY 2003-FY2008) already focuses on the Temporary Guest Worker program and workloads!

SOURCE: http://www.immigration-law.com/
 
Hello all I am new to this forum.
I am working as a consultant. My employer agreed to apply for my GC in KY. I have given my papers to lawyer. He said he will apply for my labor in few days. I know this employer very well. But my project may end in 1 or 2 months.

I heard I can buy labor certificate if some one has it. I want to go for it. Since my project is uncertain.
Is it required to get one more H1 to apply for I140 & 485 if I get labor clearace form someone?

If you know some one who has labor clearance I am ready to pay.

Please help me in this.

Thanks
Kumar
 
Originally posted by kumarsr
Hello all I am new to this forum.
I am working as a consultant. My employer agreed to apply for my GC in KY. I have given my papers to lawyer. He said he will apply for my labor in few days. I know this employer very well. But my project may end in 1 or 2 months.

I heard I can buy labor certificate if some one has it. I want to go for it. Since my project is uncertain.
Is it required to get one more H1 to apply for I140 & 485 if I get labor clearace form someone?

If you know some one who has labor clearance I am ready to pay.

Please help me in this.

Thanks
Kumar
Click to expand...
Right now there are a lot PHONY companies available to SELL. TRY THEM
 
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Re: Scoreboard of Alien Labor Certification Processing

Originally posted by usnycus
According to the recent Processing Times Report, the shortest processing times states and the longest processing times states (combining Region and State processing times) ..............
.........................................................................................
SOURCE: http://www.immigration-law.com/
Click to expand...
Group IIII: 3rd Class beneficiaries will automatically be entitled for TGW, if not got through PERM. Government is devising, backlog is rising.
 
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DOL PERM and Backlog Reduction Centers Locations

DOL has disclosed to the AILA the locations of the PERM reengineered labor certification processing centers and Backlog Reduction Centers as follows:
-- PERM Processing Centers: Atlanta and Chicago
-- Backlog Reduction Processing Centers: Philadelphia and Dallas

DOL has reported that there are over 300,000 permanent labor certification applications pending at this time. The two Backlog Reduction Centers should help to reduce the backlog cases once the centers open. The Backlog Reduction Centers are expected to be manned by private contractors and according to the unconfirmed sources of information, such contract may not be offered until May 2004. Our earlier report that some state offices started transferring backlog cases to contractors turned out to be outsourcing of backlog cases to overseas contractors by the Texas state labor certification office. It is unclear how far the overseas outsourcing of permanent labor certification applications will go in terms of the involved large states. Please stay tuned.
 
USNYCUS, Could you please tell us where you got this information from (URL etc.,) Thanks!

Originally posted by usnycus
DOL PERM and Backlog Reduction Centers Locations

DOL has disclosed to the AILA the locations of the PERM reengineered labor certification processing centers and Backlog Reduction Centers as follows:
-- PERM Processing Centers: Atlanta and Chicago
-- Backlog Reduction Processing Centers: Philadelphia and Dallas

DOL has reported that there are over 300,000 permanent labor certification applications pending at this time. The two Backlog Reduction Centers should help to reduce the backlog cases once the centers open. The Backlog Reduction Centers are expected to be manned by private contractors and according to the unconfirmed sources of information, such contract may not be offered until May 2004. Our earlier report that some state offices started transferring backlog cases to contractors turned out to be outsourcing of backlog cases to overseas contractors by the Texas state labor certification office. It is unclear how far the overseas outsourcing of permanent labor certification applications will go in terms of the involved large states. Please stay tuned.
Click to expand...
 
The centers are opening at those places, but I believe they will process applications from all regions.

001
Originally posted by gp111
What about CALIFORNIA ?? We also have one of the worst backlogs !!!
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:confused: I was optimistic about the perm and backlog reduction for a very long time. But those two schemes may not see light this year. I understand that there is a hiring freeze in DOHS, as they seen to have underestimated their expenduture this year. I feel DOL will sit silent for an year and start talking about it all over again. well let us see
 
Permanent Labor Certification Backlog Reduction Agenda of DOL As Revealed by Deputy Secretary of DOL

On February 12, 2004, Mr. Steven Law, Deputy Secretary of Labor testified before the Subcommittee on Immigration, Border Security and Citizenship, Senate Judiciary Committee on the DOL's plan for the backlog reduction for permanent labor certification applications. The key points are as follows:

- In FY 2004 which ends on September 30, 2004, the Congress approved $14.9 million over FY 2003 funding. Sources indicate that state offices (SWA) have already been allocated increased funds for reduction of backlogs at the state level. Some of the increased funds may be used by the DOL to launch the centralized backlog reduction centers.
- However, Mr. Law testifies that primary funding for private contractors for backlog reduction will come in FY 2005 which starts on October 1, 2004. The proposed budget increase for backlog reduction is $11.1 million over FY 2004. Mr. Law stated that most of these funds would be used for hiring private contractors for operation of centralized backlog reduction centers. Assumedly, when he stated the centralized backlog reduction centers, he must have meant the two backlog reduction centers which the Director of Foreign Labor Certification Division disclosed earlier to the immigrant community. There are over 300,000 permanent labor certification backlog cases at this time.
- The PERM program is planned to open in FY 2005 which starts on October 1, 2004. Even though Mr. Law did not state specifically, apparently, the program would be funded by the user fee revenue and the DOL is currently preparing the legislative proposal to charge fees for application of permanent labor certification (PERM applications).

Well, there are plenty of sources of information by now that FY 2005 that will start in October 1, 2004, about six months from now, will mark a turning point for the permanent labor certification system, in terms of processing times and procedures.

As a side note to the point of present discussion, we should also note that FY 2005 will also mark a year for labor certification enforcement era, particularly temporary labor certification programs of H-2A and H-2B. In parallel with the proposed Temporay Guest Worker Proposal, the DOL/ESA is planning to focus on increased activities to sanction the violators of the labor certification attestations. Accordingly, electronic filing of H-2A and PERM will be more or less driven by the increased enforcement function by the ESA of DOL. For H-2B, since it is being transferred to the USCIS, the H-2B employers will be subject to the follow-up audits and enforcement actions by the ESA and BICE of DHS.

All in all, FY 2005 will open a door with a good sign for the alien workers but an ominous sign for the U.S. employers hiring foreign workers.

For the full text of the testimony, check following:

http://www.doleta.gov/whatsnew/Lawtwpttyfinal1.pdf
 
- What is H2B and how is ti different from H1B?

- From what I undestand, the changes will make life easier for LC applicant, though, DOL will have more time and resourses to audit companies that hire aliens. Why is this last statement necessarily grim news for an employer? If it a "normal" comapny (not a sham or company making money solely on recruiting) why should those audits be a particular problem?
 
H2-A: Visa for temporary or seasonal agricultural employment.
H2-B: Visa for temporary or seasonal non-agricultural employment.

Chances of employer violating H2 category is more than any other worker visa class. Please note that:

1) Visas are issued for less than a year and on the same petition one can submit request for more then one beneficiary.
2) It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification.
3) No annual cap on visas for H-2A workers (annual cap of 66,000 visas for H-2B workers).
 
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