Responce from MD State
Dear Friends,
I am sorry for not responding to some question directed to me, as I was on travel.
Our represenations regarding the delays in MD Sate Labour Processing caught the attention of MD state Legislative office.
Below is the responce I received form Mr. Dilip B. Paliath, Legislative Officer to the Governor.
Let me know if you have any ideas about the next level followup process
Thanks, rsiv
-----------------------------------------------------------------------------
Thank you for your e-mail to Mr. Dilip Paliath, the Governor’s Legislative Officer, regarding labor certification for employment-based immigration. Mr. Paliath forwarded your e-mail to me and asked that I address your concerns.
The Department of Labor, Licensing and Regulation shares your concerns and understands your frustration with the length of the labor certification and immigration processes. Your correspondence indicated that you had a general knowledge of the problems caused by the implementation of the amnesty provision under the LIFE Act. However, not being aware of the specifics of the labor certification process in the State has led to your perception of Maryland being at a “stand still.” Let me assure you that this is not the case.
The nature of the problem is a bureaucratic snag brought to us by changes at the federal level in 2001; reductions in funding at the federal level and the required federal processes related to completing each Foreign Labor Certification (FLC) request.
Foreign Labor Certification is a complex process. Although we have streamlined the federal mandates to the State, we must adhere to the principles of the United States Department of Labor policies, regulations and procedures. Cases are required to be processed according to their date of receipt by the FLC unit. When the LIFE Act granted amnesty in 2000, Maryland experienced a major influx in the number of labor certification applications. Our customary caseload of 2200 – 2400 applications per year was increased to over 16,000 in the six weeks from March 15, 2001- April 30, 2001. Over 6,000 cases arrived on April 30, 2001, the final day of the initial amnesty period. This is what is giving you the perception that we are at a stand still.
Comparisons to other states dates of processing, without awareness of their caseload and staff levels, do not give an accurate picture. Eight states, of which Maryland is one, have over 95% of the national backlog of 250,000 – 300,000 cases that came in during the amnesty period.
We are working aggressively to decrease the backlog; however, the 16,000 applications received in 2001 are more than six times our annual average. This combined with no additional resources to handle the amount of work resulted in a large backup. Our staff continues to work diligently; since April 30, 2001 we have processed over 6900 labor certification applications; our program administrator has moved staff to assist with FLC, we have requested additional federal funds to clear the backlog. To assist in the clearance of the backlog I have authorized the transfer of additional staff to the unit.
Your suggestions were thoughtful and we appreciate them, but they pertain to policy beyond our scope of authority. We will be glad to forward them to the United States Department of Labor.
The impact the delayed processing of these applications has on lives of various individuals and business is of mutual concern. Every effort is being made to ensure we obtain resources to continue making reductions in processing time.
Thank you again for bringing your concerns to my attention. The Department of Labor, Licensing and Regulation looks forward to an expeditious resolution to this adverse situation.
Sincerely,
James D. Fielder, Jr., Ph.D.
Secretary
Cc: Mr. Dilip B. Paliath, Legislative Officer to the Governor
