NOF - Intention to deny

O

oajnabi

Registered Users (C)
Hi,
After readvertising(RIR/EB3 - Programmer/Analyst) my position and interviewing the candidates my co. sent the reply to NJ SESA. They forwarded the case to NY, DOL. Nw my co. recd. another NOF from DOL,NY for 'Intention to deny' the application based on the reply we sent. They are
saying out of around 40 candidates they think 10 candidates may be qualified for the position even tough my co. rejected them. So they want more explanation for the rejection.
Is anybody has in this situation before? Is there any chance of getting approval?

Please advise. Thanks in advance

oajnabi
 
The reson could be that your company did not specify in those cases why they rejected those candidates. The reason for rejecting a candidte if the company had previously in the past 6 months had hired somebody with the same skill as yours though not for the same position could end up being detrimental to your approval. So check with your attorney all the replys he sent to SESA for those 10 candidates. I had a similar situation and we ended up clarifying our refusal to consider the candidates on technicalities of the ad( since I did not go thru RIR ).

HTH
 
Thanks for the reply hathwar. Is your case 'Approved' after the clarification? My company did reply with the reason of rejection for those candidates. Actually looks loke DOL is asking for more 'Job Related' reason for refusal of those candidates. The most surprising part is there are lot of other candidates who are also rejected for same kind of reason my co. put for those 10. I think we have to elaborate the refusal reason.

Thanks again.
oajnabi
 
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