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Massachusetts SESA Tracker
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yaodong hu
Registered Users (C)
I am so frustrated.
the only things I do every day is to watch this thread.
I will buzz my lawer in 1 week.
the only things I do every day is to watch this thread.
I will buzz my lawer in 1 week.
I am with NH branch .
I am with NH branch . Do u work at the Branch office or You work at the Client site .
email at sureshais@yahoo.com
I am with NH branch . Do u work at the Branch office or You work at the Client site .
email at sureshais@yahoo.com
DOL MA thread messages
I got the information from DOL MA thread messages from the http://www.immigrationportal.com/ Boston MA DOL trcaker part III
I got the information from DOL MA thread messages from the http://www.immigrationportal.com/ Boston MA DOL trcaker part III
yaodong hu
Registered Users (C)
At least , it is a move, a good news
My lawyer just called. said my case was forward to DOL on Feburary 7 2002 from MA SESA and the DOL is just on the edge to put my case into the database, and also said that since my case was been long haul to get into DOL they may give some priority to certify it in 2-4 weeks in DOL. Though I don\'t believe that they can move that fast, at least that I know that my case is gonna show up in DOL system and hope can get out by 2-4 months.
I think that it is the good news for all the waiting cases in SESA or in between.
My lawyer just called. said my case was forward to DOL on Feburary 7 2002 from MA SESA and the DOL is just on the edge to put my case into the database, and also said that since my case was been long haul to get into DOL they may give some priority to certify it in 2-4 weeks in DOL. Though I don\'t believe that they can move that fast, at least that I know that my case is gonna show up in DOL system and hope can get out by 2-4 months.
I think that it is the good news for all the waiting cases in SESA or in between.
yaodong hu
Registered Users (C)
cube
please watch closely the case enter the DOL around this day and provide the company name for the cases from MA.
Thanks
please watch closely the case enter the DOL around this day and provide the company name for the cases from MA.
Thanks
yaodong hu
Registered Users (C)
does it changed? Now some cases are from MA.
Not much MA cases in your report not long ago. Please confirm it cube.
Not much MA cases in your report not long ago. Please confirm it cube.
kafirhindu
Registered Users (C)
Thinking to apply for green card, think again. Do not waste your time.
DOL Issues RIR Guidance in Light of Layoffs
The U.S. Department of Labor (DOL) issued guidance to its Regional Certifying Officers (COs) on March 20, 2002 regarding evaluation of Reduction in Recruitment (RIR) requests made as part of the Labor Certification process. Dale M. Ziegler, Chief of the Division of Foreign Labor Certification, issued the guidelines setting forth the procedures and criteria for evaluating RIR requests when there have been layoffs in the occupation in the area of intended employment. In this economy, as many of us are painfully aware, layoffs in the technology sector are quite common. These layoffs could create problems; particularly for those companies that intend to pursue labor certifications after there have been mass layoffs within the company or the industry.
As many MURTHYBULLETIN and MurthyDotCom readers are aware, RIR is available for known shortage occupations. RIR is a method for processing applications for labor certification whereby the employer advertises the availability of the position prior to filing the labor certification. This method is faster than the "regular" process. It also enables the employer to test the labor market before filing the application. In contrast, "regular" cases involve advertising and recruitment under the close supervision of the state labor agency, in accordance with specific instructions. In either process, the state forwards the file to DOL, which determines whether RIR is appropriate in each particular case. If an RIR request is denied, the case will proceed under the "regular" process, and will be returned to the local department of labor, or what is now called the State Workforce Agency (SWA), for additional advertising as directed.
RIR or Regular
As the purpose of advertising is to determine whether there are available U.S. workers for the position, the issue of layoffs is an important one. In order to determine whether a case should proceed via RIR, the guidance allows for COs to consider the following information that indicates the availability of U.S. workers in a particular occupation.
The CO can consider recent cases that have undergone the "Regular" process for occupations similar to the description in the labor certification under consideration. S/He can ask if a market test for similar occupations produced qualified workers. The COs can contact state agencies (unemployment agencies, job banks, information units) to obtain general labor market information. S/He can also review articles within the last six months concerning the availability of workers in the particular field.
If the CO is confident that qualified U.S. workers may be available for the position, the RIR is to be denied and the case proceeds under the Regular process.
Pattern of Recruitment
On a favorable note, the Memorandum directs the COs that the shift in the economy should not change the existing policy regarding the required "pattern of recruitment" the employer must establish in order for the case to qualify as RIR. Specifically, if RIR is appropriate for a particular area, then the employer must have one print advertisement in a newspaper of general circulation or a relevant journal, plus enough additional recruitment methods to establish a pattern that adequately tests the labor market. These additional activities may include: job order with the state workforce agency, internal company recruitment, Internet ads, job fairs, use of employment agencies and/or additional print ads. The recruitment methods should be those that are normal to the particular industry.
Layoffs in the Particular Company
If the CO has reason to believe that the petitioning employer may have laid off workers after completion of the recruitment effort and within six months of the CO\'s review of the file, the CO will issue a letter to the employer asking for the names of any workers laid off in the same occupation as stated in the labor certification. If there are any such workers, the company will have to show that these workers were given consideration for the position at issue.
Failure to provide this information or to respond adequately will result in a Notice of Findings, which will indicate an intention to deny the case. If this issue is not adequately addressed, the case will be denied.
Layoffs in the Industry or Occupation
If the CO has reason to believe that, subsequent to the employer\'s advertisement/s, other employers have laid off workers in the same type of position, then the CO must give the employer the option of publishing one additional advertisement or requesting that the case be remanded to the state for "regular" processing.
If there are both layoffs by the particular employer and in the industry / occupation overall in the local area, then the CO must obtain information on the availability of U.S. workers, using both of the procedures discussed above.
These procedures are to be implemented immediately. Ultimately, as we can expect from the DOL Memo and the current economy, it will be more difficult to obtain approval of labor certifications in general and, in particular, by means of the RIR method.
On a positive note, there are many regional variations, and some industries and fields have been less affected by layoffs and downturns than others. The Law Office of Sheela Murthy continues to receive RIR approvals in many regions. Provided that the employer can demonstrate that the layoffs do not pertain to the particular job classification, are not the in the region where the job is being offered, are not for positions of a different level, nor can otherwise differentiate the case, it is possible to obtain approvals even if there have been layoffs in a particular company.
DOL Issues RIR Guidance in Light of Layoffs
The U.S. Department of Labor (DOL) issued guidance to its Regional Certifying Officers (COs) on March 20, 2002 regarding evaluation of Reduction in Recruitment (RIR) requests made as part of the Labor Certification process. Dale M. Ziegler, Chief of the Division of Foreign Labor Certification, issued the guidelines setting forth the procedures and criteria for evaluating RIR requests when there have been layoffs in the occupation in the area of intended employment. In this economy, as many of us are painfully aware, layoffs in the technology sector are quite common. These layoffs could create problems; particularly for those companies that intend to pursue labor certifications after there have been mass layoffs within the company or the industry.
As many MURTHYBULLETIN and MurthyDotCom readers are aware, RIR is available for known shortage occupations. RIR is a method for processing applications for labor certification whereby the employer advertises the availability of the position prior to filing the labor certification. This method is faster than the "regular" process. It also enables the employer to test the labor market before filing the application. In contrast, "regular" cases involve advertising and recruitment under the close supervision of the state labor agency, in accordance with specific instructions. In either process, the state forwards the file to DOL, which determines whether RIR is appropriate in each particular case. If an RIR request is denied, the case will proceed under the "regular" process, and will be returned to the local department of labor, or what is now called the State Workforce Agency (SWA), for additional advertising as directed.
RIR or Regular
As the purpose of advertising is to determine whether there are available U.S. workers for the position, the issue of layoffs is an important one. In order to determine whether a case should proceed via RIR, the guidance allows for COs to consider the following information that indicates the availability of U.S. workers in a particular occupation.
The CO can consider recent cases that have undergone the "Regular" process for occupations similar to the description in the labor certification under consideration. S/He can ask if a market test for similar occupations produced qualified workers. The COs can contact state agencies (unemployment agencies, job banks, information units) to obtain general labor market information. S/He can also review articles within the last six months concerning the availability of workers in the particular field.
If the CO is confident that qualified U.S. workers may be available for the position, the RIR is to be denied and the case proceeds under the Regular process.
Pattern of Recruitment
On a favorable note, the Memorandum directs the COs that the shift in the economy should not change the existing policy regarding the required "pattern of recruitment" the employer must establish in order for the case to qualify as RIR. Specifically, if RIR is appropriate for a particular area, then the employer must have one print advertisement in a newspaper of general circulation or a relevant journal, plus enough additional recruitment methods to establish a pattern that adequately tests the labor market. These additional activities may include: job order with the state workforce agency, internal company recruitment, Internet ads, job fairs, use of employment agencies and/or additional print ads. The recruitment methods should be those that are normal to the particular industry.
Layoffs in the Particular Company
If the CO has reason to believe that the petitioning employer may have laid off workers after completion of the recruitment effort and within six months of the CO\'s review of the file, the CO will issue a letter to the employer asking for the names of any workers laid off in the same occupation as stated in the labor certification. If there are any such workers, the company will have to show that these workers were given consideration for the position at issue.
Failure to provide this information or to respond adequately will result in a Notice of Findings, which will indicate an intention to deny the case. If this issue is not adequately addressed, the case will be denied.
Layoffs in the Industry or Occupation
If the CO has reason to believe that, subsequent to the employer\'s advertisement/s, other employers have laid off workers in the same type of position, then the CO must give the employer the option of publishing one additional advertisement or requesting that the case be remanded to the state for "regular" processing.
If there are both layoffs by the particular employer and in the industry / occupation overall in the local area, then the CO must obtain information on the availability of U.S. workers, using both of the procedures discussed above.
These procedures are to be implemented immediately. Ultimately, as we can expect from the DOL Memo and the current economy, it will be more difficult to obtain approval of labor certifications in general and, in particular, by means of the RIR method.
On a positive note, there are many regional variations, and some industries and fields have been less affected by layoffs and downturns than others. The Law Office of Sheela Murthy continues to receive RIR approvals in many regions. Provided that the employer can demonstrate that the layoffs do not pertain to the particular job classification, are not the in the region where the job is being offered, are not for positions of a different level, nor can otherwise differentiate the case, it is possible to obtain approvals even if there have been layoffs in a particular company.
Guys, I got RFE , wage issue
I Don\'t have any other information but on friday I got mail from my company they were telling me that DOL has raised RFE on wage, I know it has to be from SESA as my application is still with SESA. I will update you guys if I get some more information on this.
I Don\'t have any other information but on friday I got mail from my company they were telling me that DOL has raised RFE on wage, I know it has to be from SESA as my application is still with SESA. I will update you guys if I get some more information on this.
No,
My Director agreed to pay whatever SESA was saying but I didn\'t hear anything after that. I will come to know only if there is any
problem or when my LC will be CERTIFIED (which will take another FEW YEARS !!!!). The problem is that my attorney is in California and I am in Boston and I don\'\'t know whether he keeps track of his applications until government sends him any letter.
Sorry but would you please let me know about your status?
Thanks,
My Director agreed to pay whatever SESA was saying but I didn\'t hear anything after that. I will come to know only if there is any
problem or when my LC will be CERTIFIED (which will take another FEW YEARS !!!!). The problem is that my attorney is in California and I am in Boston and I don\'\'t know whether he keeps track of his applications until government sends him any letter.
Sorry but would you please let me know about your status?
Thanks,
MAY, thanks for update
About me my company changed my title itself so that they don\'t have to pay more, it seems my lawyer talked to SESA & it seems they agreed on it, friday my company send actual request to SESA now lets see what happens. Hopefully we get the RD sooner.
About me my company changed my title itself so that they don\'t have to pay more, it seems my lawyer talked to SESA & it seems they agreed on it, friday my company send actual request to SESA now lets see what happens. Hopefully we get the RD sooner.
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