New York SESA Tracker
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I got that from CA DOL Thread
It explains what happen in the last few days:
BY hanuman_chalisa:
====================
email from my lawyer
There has been an ongoing discussion with DOL for several months now on how to handle LC cases pending at DOL or remanded to the State level (SWA). DOL HQ is now supposed to issue a policy guidance that will direct the Region DOL offices and the SWA’s on how to proceed with these cases.
Once the DOL guidance is released we will be able to make individual case assessments and plans. We expect that cases that are at the state level that are eligible for adjudication will be recalled or will be eligible for requests for reconsideration and adjudication. If DOL requires that requests be made for reconsideration, we will take action on individual cases promptly.
In the meantime, please be advised that the DOL examiners seem to be taking some action on some individual cases – there have been small numbers of approvals, re-advertising requests and direct remands. Unfortunately the sample is small and the details are too varied to constitute a pattern. Also be aware that there are many rumors floating around that are largely based on speculation and wishful thinking.
Our approach has been to advocate for the best possible policies directly with the agency, to be prepared to take action promptly once we know the agency’s policy, but to take action only when we know what the outcome of the action will be.
We hope that the DOL will soon make clear its policy and that we can take appropriate action. As soon as we have the DOL guidance, we will post information on our website, and we will contact HR and those individuals whose cases will benefit from the new policy.
We hope that this is helpful, and we thank you for your patience.
It explains what happen in the last few days:
BY hanuman_chalisa:
====================
email from my lawyer
There has been an ongoing discussion with DOL for several months now on how to handle LC cases pending at DOL or remanded to the State level (SWA). DOL HQ is now supposed to issue a policy guidance that will direct the Region DOL offices and the SWA’s on how to proceed with these cases.
Once the DOL guidance is released we will be able to make individual case assessments and plans. We expect that cases that are at the state level that are eligible for adjudication will be recalled or will be eligible for requests for reconsideration and adjudication. If DOL requires that requests be made for reconsideration, we will take action on individual cases promptly.
In the meantime, please be advised that the DOL examiners seem to be taking some action on some individual cases – there have been small numbers of approvals, re-advertising requests and direct remands. Unfortunately the sample is small and the details are too varied to constitute a pattern. Also be aware that there are many rumors floating around that are largely based on speculation and wishful thinking.
Our approach has been to advocate for the best possible policies directly with the agency, to be prepared to take action promptly once we know the agency’s policy, but to take action only when we know what the outcome of the action will be.
We hope that the DOL will soon make clear its policy and that we can take appropriate action. As soon as we have the DOL guidance, we will post information on our website, and we will contact HR and those individuals whose cases will benefit from the new policy.
We hope that this is helpful, and we thank you for your patience.
DOL Budget for backlog elimination for fiscal year 2004
Guys, this may be something to cheer about. I read this at DOL site under DFLC (Division of Foreign Labor Certi) issued in July'03.
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Section: C.3 OPERATIONAL PLAN
In Fiscal Year 2004 (October 1, 2003) and Fiscal Year 2005 (October 1, 2004), significant funding has been budgeted for backlog elimination. While the exact amount to be made available for the processing centers has not been determined.....
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http://wdsc.doleta.gov/sga/rfp/rfp03-34.asp#c3
Guys, this may be something to cheer about. I read this at DOL site under DFLC (Division of Foreign Labor Certi) issued in July'03.
--------------------------------------------------------------------------
Section: C.3 OPERATIONAL PLAN
In Fiscal Year 2004 (October 1, 2003) and Fiscal Year 2005 (October 1, 2004), significant funding has been budgeted for backlog elimination. While the exact amount to be made available for the processing centers has not been determined.....
---------------------------------------------------------------------------
http://wdsc.doleta.gov/sga/rfp/rfp03-34.asp#c3
nomorebacklog
Registered Users (C)
confimation of mailing
as suggested earlier in the thread, I am confirming that I am sending the letter to William Carlson at the DOL in Washington DC, attaching the response we got from the NY ALbany DOL.
as suggested earlier in the thread, I am confirming that I am sending the letter to William Carlson at the DOL in Washington DC, attaching the response we got from the NY ALbany DOL.
is there anyone who is taking care of all our info..means our filing dates and information..i just saw in another thread there is labor tracker info
if we have any excel please let me know so that i can give my info into that form
orelse please see the below site..
Labor Tracker website
http://www.amitgoel.com/labortracker/
if we have any excel please let me know so that i can give my info into that form
orelse please see the below site..
Labor Tracker website
http://www.amitgoel.com/labortracker/
11/21/2003: DOL Released RIR Backlog Reduction Guidelines
11/21/2003: DOL Released RIR Backlog Reduction Guidelines
· On November 20, 2003, the Chief of Foreign Labor Certificdation Division of the DOL, William Carpenter, released a memorandum to set forth guidelines for the Regional Certifying Officers for processing of RIR applications. We will outline the new guidelines.
· Regional Certifying Officers review the RIR applications on two broad criteria: (1) One is whether the application is "complete" in documentation and procedure, and whether it complied with the applicable regulations such as absence of unduly restrictive requirement and adequate action taken at the state level for the employer who engaged in layoffs following the Zigler Memo. (2) The second standard is whether the employer engaged in a pattern of recruitment and adequate test of the labor market before they submitted the RIR application. The Memorandum require the Regional Certifying Officers to take a step-by-step action following guidelines below:
o First, the Regional Certifying Officer must review the RIR applications using the standard (1). If their review of the RIR shows that the applications failed in this criteria, they should issue a Notice of Finding (NOF). If the employer fails to sufficiently rebut the findings, then application is denied and "dead." If their review indicates that the applications met this criteria, depending on the level of positions, the Certifying Officer should either approve the application without further review or conduct the next level of review. Under this rule, if the job requires a Bachelor's degree plus 3 or more years of experience or a Master's degree plus 6 or more months of experience, the Certifying Officer is mandated to approve the application.
o However, for the jobs which are lower to these jobs, the Certifying Officer should conduct the next level of review. The next level of review standard (2) is whether or not the employer tested the labor market adequately. If the record reflects that the employer conducted adequate market test, the Certifying Officer should approve the application.
o The only cases which require a further action are those that failed to take adequate labor market test (failed in (2) test) and the job requires less than Bachelor's degree plus 3 years of experience or Master's degree plus 6 months of work experience. In these cases, the Certifying Officer must give the following options to the employers:
§ Completely withdraw the labor certification application; or
§ Just withdraw RIR nature of the application and continue the case as a regular application. This case should be remanded to the state agency for the supervised recruitment process. When the case is remanded, the case will be put back into the queue on the basis of the priority date; or
§ Conduct a "one-day retest" of the labor market and file another recruitment result report. In this case, the Certifying Officer can require the employer to submit a copy of all the resumes which the employer had received in response to the retest. If the employer engaged in recruitment during the last six months, instead of the retest, the employer can submit this recruitment result report. Again in this case, the Certifying Officer can require the employer to submit a copy of all the resumes which the employer had received during the six-month recruitment period.
o When the Certifying Officer requires the employer to conduct the retest of the labor market, they should allow the employer to change job descriptions or qualification requirement inasmuch as the changes do not result in change in occupational classification.
· The Memorandum will force certain Regional Certifying Officers to stop remanding RIR cases arbitrarily. It is expected that the RIR process will resume to "normalcy" in certain Regions that have stirred controversy. Salute to Mr. William Carpenter!
11/21/2003: DOL Released RIR Backlog Reduction Guidelines
· On November 20, 2003, the Chief of Foreign Labor Certificdation Division of the DOL, William Carpenter, released a memorandum to set forth guidelines for the Regional Certifying Officers for processing of RIR applications. We will outline the new guidelines.
· Regional Certifying Officers review the RIR applications on two broad criteria: (1) One is whether the application is "complete" in documentation and procedure, and whether it complied with the applicable regulations such as absence of unduly restrictive requirement and adequate action taken at the state level for the employer who engaged in layoffs following the Zigler Memo. (2) The second standard is whether the employer engaged in a pattern of recruitment and adequate test of the labor market before they submitted the RIR application. The Memorandum require the Regional Certifying Officers to take a step-by-step action following guidelines below:
o First, the Regional Certifying Officer must review the RIR applications using the standard (1). If their review of the RIR shows that the applications failed in this criteria, they should issue a Notice of Finding (NOF). If the employer fails to sufficiently rebut the findings, then application is denied and "dead." If their review indicates that the applications met this criteria, depending on the level of positions, the Certifying Officer should either approve the application without further review or conduct the next level of review. Under this rule, if the job requires a Bachelor's degree plus 3 or more years of experience or a Master's degree plus 6 or more months of experience, the Certifying Officer is mandated to approve the application.
o However, for the jobs which are lower to these jobs, the Certifying Officer should conduct the next level of review. The next level of review standard (2) is whether or not the employer tested the labor market adequately. If the record reflects that the employer conducted adequate market test, the Certifying Officer should approve the application.
o The only cases which require a further action are those that failed to take adequate labor market test (failed in (2) test) and the job requires less than Bachelor's degree plus 3 years of experience or Master's degree plus 6 months of work experience. In these cases, the Certifying Officer must give the following options to the employers:
§ Completely withdraw the labor certification application; or
§ Just withdraw RIR nature of the application and continue the case as a regular application. This case should be remanded to the state agency for the supervised recruitment process. When the case is remanded, the case will be put back into the queue on the basis of the priority date; or
§ Conduct a "one-day retest" of the labor market and file another recruitment result report. In this case, the Certifying Officer can require the employer to submit a copy of all the resumes which the employer had received in response to the retest. If the employer engaged in recruitment during the last six months, instead of the retest, the employer can submit this recruitment result report. Again in this case, the Certifying Officer can require the employer to submit a copy of all the resumes which the employer had received during the six-month recruitment period.
o When the Certifying Officer requires the employer to conduct the retest of the labor market, they should allow the employer to change job descriptions or qualification requirement inasmuch as the changes do not result in change in occupational classification.
· The Memorandum will force certain Regional Certifying Officers to stop remanding RIR cases arbitrarily. It is expected that the RIR process will resume to "normalcy" in certain Regions that have stirred controversy. Salute to Mr. William Carpenter!
this is real
I promise this is real, sorry I can not release info about my company and their personal data. but one of the guys showed me his application, DOL received his application on July 2nd, ( not clear what his priority date is, I assume it's either 07/02 or some day after 07/02 ). he received his approval 2 weeks ago, lawyer asked him to prepare I140 and I485 now.
the other guy got approved two month ago. he's not clear about his priority date, but his lawyer told him it was in June. he has submitted his I140 and I485 already.
at first when the first guy got approved, I thought he might have been lucky to be picked by DOL, but since this second guy got approved, I assume DOL is really making progress now. my application was filed in mid July, no idea what the priority date was. all of our cases are regular RIR. I'll defintely post new info on my case, I hope mine should come soon as well.
but regardless, petition should be filed. good luck to everyone
Originally posted by cubiclefun
babytoy,
Please send us more info as this will change our Lives
Make us happy by telling real news.
I promise this is real, sorry I can not release info about my company and their personal data. but one of the guys showed me his application, DOL received his application on July 2nd, ( not clear what his priority date is, I assume it's either 07/02 or some day after 07/02 ). he received his approval 2 weeks ago, lawyer asked him to prepare I140 and I485 now.
the other guy got approved two month ago. he's not clear about his priority date, but his lawyer told him it was in June. he has submitted his I140 and I485 already.
at first when the first guy got approved, I thought he might have been lucky to be picked by DOL, but since this second guy got approved, I assume DOL is really making progress now. my application was filed in mid July, no idea what the priority date was. all of our cases are regular RIR. I'll defintely post new info on my case, I hope mine should come soon as well.
but regardless, petition should be filed. good luck to everyone
yes..this is for pilot project only orelse in the site they'll update with new date information....
lucky guys who got labor cleared on this pilot project testing...
its okay may be we are going thru regular process..all the best to everyone ...
its a good point raised by dev10 to all those guys who got labor cleared or their friends info..so that we can have updated news..
i posted last time also..please is ther any excel sheet is there so that i can put my info and some of my collegues info into those who filed from NY city...
orelse we'll start one document there we can put infomation when our case filed....
lucky guys who got labor cleared on this pilot project testing...
its okay may be we are going thru regular process..all the best to everyone ...
its a good point raised by dev10 to all those guys who got labor cleared or their friends info..so that we can have updated news..
i posted last time also..please is ther any excel sheet is there so that i can put my info and some of my collegues info into those who filed from NY city...
orelse we'll start one document there we can put infomation when our case filed....
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