No more GC !!!!

eb2pdjune01

New Member
Hi,

I got from some law site. So it means we are doomed now.

link: http://www.lewslaw.com/US_Immigration_Updates.htm#02182003c

copy:

Summary of DOL/EDD Liaison Meeting of 02-12-2003 (02-18-2003) [Top]

The Employment Development Department (EDD) has advised that the cases being "pulled off the shelf" for processing at this time are as
follows:

Non-Waiver cases filed on April 24, 2001**; and
Waiver (Reduction-in-Recruitment RIR) cases filed on March 28, 2002.

** The Employment Development Department (EDD) anticipates that it will take about 3 - 4 years to work through 04-24-2001
to 04-30-2001 filings alone at the current processing rate. This is as a result of 36,000 cases being filed during this time, with
25,000 cases filed on 04-30-2001 alone.

Number of cases pending:

RIR: 11,297 Non RIR: 46,403

Approximately, 10,000 Non RIR cases have been filed between May 1, 2001 and February 1, 2003

The Department of Labor (DOL) has advised that the cases being "pulled off the shelf" for processing at this time are as follows:

Non-Waiver cases received in June 2001 (San Francisco) and November 2002 (Seattle); and
Waiver (Reduction-in-Recruitment RIR) cases received in December 2001 (San Francisco) and August 2002 (Seattle).

Number of cases pending at Region VI:

RIR: 12,00o to 14,000*** Non RIR: 2,000 to 4,000

***These cases are for the most part on hold, having been so for a number of months, waiting for instructions from
headquarters in Washington, D.C. However, DOL is currently moving forward with those applications where DOL has
information that the employer is laying off workers and issuing a Notice of Findings (NOF).

The following explanation was given as to why the Prevailing Wages continue to be high for 2003 as reflected in the OES/SOC wage
survey:

"Economic downturns typically are quickly reflected in lay-offs, reduced or eliminated
bonuses, and increases in unemployment insurance claims, but much more slowly
translated into lowered wages."

If DOL remands a case to EDD for regular/supervised recruitment, the case is placed in the queue according to the date of filing with the
EDD office.

DOL is currently working on a list of specific occupations in which there is NOT a shortage of US workers.
-----------------------

Does anyone have a better update ?
 
I don't think we are doomed. They are taking out the cases filed in the last week of April 2001 so that the rest of the applications can be processed in the normal timeline. At least that's how I interpreted that. They should have done something like that long before. They should have created a seperate track for legalizing illegal aliens.
 
I agree with 2FAST4U, it seems to be good news. Looks like DOL is finally realizing they need a separate thread for 245(i) cases.

As for the list of professions that are NOT in shortage, well, this is also good. DOL has a de-facto assumption of what is NOT in shortage right now, but this assumption is not documented and pretty much depends on an individual officer (other words, it is a flip of coin). Having a documented, ordered list will in fact assist lawyers to better plan LC process and anticipate possible problems.
 
On this note...

I wrote to the president 2 days back, a second time, for what it is worth. I complained that this 245i has basically hosed up the professional high-skilled applicant and they MUST be processed in an independent track. We need to apply heat to this totally non-responsive white house.

The chance of me getting a response from this Iraq obsessed govt is .001%. If the miracle happens and someone gets back to me, I'll let you know.
 
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