My Labor Certification in RIR is denied and Labor department specified the following reasons for my denial. (Texas Service Certer)
1.The employer failed to provide sufficient documentary evidence which shows clearly that it has been recruiting US Workers for the job at least at the prevailing wage and working conditions within the immediately preceding 6 months.
2.The employer provided documentation to support limited advertising for this occupation. In this instance an advertisement was placed in a newspaper of your choice three times however all recruitment was conducted in the same month. There are no other recruitment efforts contained in the case record. In addition according to information gathered by this office, massive layoffs and company closures occurred in IT Occupations beginning in late 2000. In that, the employer failed to show pattern of recruitment efforts over the past six months prior to filing the application.
3.The application is returned to the SWA to be processed under the basic process the employer is being offered a one time option of having this application processed according to REMAND DATE, as opposed to the PRIORITY DATE and is directed to notify the SWA immediately as to which date the employer wishes to use.
I have the following questions regarding my denial.
1.What are the chances of getting my approval in NON RIR Category?
2.Does anyone has any idea about REMAND DATE vs PRIORITY DATE?
3.What’s SWA meaning?
4.Can I apply one more labor certification in other state?
My attorney is not helpful and I would appreciate your help in this regard. Thank you.
1.The employer failed to provide sufficient documentary evidence which shows clearly that it has been recruiting US Workers for the job at least at the prevailing wage and working conditions within the immediately preceding 6 months.
2.The employer provided documentation to support limited advertising for this occupation. In this instance an advertisement was placed in a newspaper of your choice three times however all recruitment was conducted in the same month. There are no other recruitment efforts contained in the case record. In addition according to information gathered by this office, massive layoffs and company closures occurred in IT Occupations beginning in late 2000. In that, the employer failed to show pattern of recruitment efforts over the past six months prior to filing the application.
3.The application is returned to the SWA to be processed under the basic process the employer is being offered a one time option of having this application processed according to REMAND DATE, as opposed to the PRIORITY DATE and is directed to notify the SWA immediately as to which date the employer wishes to use.
I have the following questions regarding my denial.
1.What are the chances of getting my approval in NON RIR Category?
2.Does anyone has any idea about REMAND DATE vs PRIORITY DATE?
3.What’s SWA meaning?
4.Can I apply one more labor certification in other state?
My attorney is not helpful and I would appreciate your help in this regard. Thank you.
