Non RIR Discussion Only !

Finding 1: Section 245(i) of the Immigration and Nationality Act (INA)
resulted in dramatic increases in applications for permanent foreign labor
certification creating a major backlog in processing such applications.
The Section 245(i) provision resulted in a 450 percent increase in applications
from fiscal year (FY) 2000 (60,892 applications) to FY 2001 (335,553
applications). We estimated that nationwide approximately 75 percent of all FY
2001 FLC applications (252,822 of 335,553) were filed during this 4-month period. We further estimated that 214,406 of these nationwide applications were
not subsequently canceled or withdrawn.
For the FY 2001 permanent FLC applications filed in the states in our sample:
• 76 percent were filed from January 1, 2001, through April 30, 2001,
• 61 percent were filed in April 2001,
• 50 percent filed in the last 10 days of April, and
• 28 percent filed on April 30, the last day Section 245(i) applications could be filed.
 
Finding 2: Most applicants did not have legal employment status and were
already employed by the petitioning employer.
For the estimated 214,406 FLC applications filed nationwide during the covered
period that were not subsequently canceled or withdrawn, we estimated:
180,217 (84 percent) of the aliens did not have legal status to work in the
U.S;
154,407 (72 percent) of the aliens did not have a legal status to be in the
U.S;
143,680 (67 percent)1 of the aliens were already working for the
petitioning employer at the time of application. 136,332 (95 percent) of
those aliens provided dates of beginning employment with the petitioning
employer that showed:
1 The 67 percent of aliens working with the petitioning employer prior to application date may beFinding 2: Most applicants did not have legal employment status and were
already employed by the petitioning employer.
For the estimated 214,406 FLC applications filed nationwide during the covered
period that were not subsequently canceled or withdrawn, we estimated:
180,217 (84 percent) of the aliens did not have legal status to work in the
U.S;
154,407 (72 percent) of the aliens did not have a legal status to be in the
U.S;
143,680 (67 percent)1 of the aliens were already working for the
petitioning employer at the time of application. 136,332 (95 percent) of
those aliens provided dates of beginning employment with the petitioning
employer that showed:
o Almost 28 percent worked for 5 or more years prior to application.
o Over 46 percent worked for 1 to 4 years prior to date of application.
With so much employment history with the petitioning employers, there may be a
disincentive for employers to replace the aliens with qualified U.S. workers who
may apply for the positions, in which case the openings are not bona fide.
Chart 2.1, below, shows how long these 136,332 aliens worked for the petitioning
employer prior to the FLC application date.
 
Finding 3: Applications filed during the Section 245(i) period were of poor
quality as demonstrated by the number of applications that were
misrepresented, incomplete, or both.
We estimate that 69 percent of the applications filed during the covered period
were misrepresented and/or incomplete. Individually, we estimated that 54
percent of the applications were misrepresented, and 56 percent were
incomplete. Most applications selected in our review were pre-adjudication; i.e.,
the CO had not made a determination regarding the application. In the following
discussion we do not distinguish between those already adjudicated and those
still pending at the state or Regional Office because the problems identified are
present in both groups.

A. Misrepresented applications account for 116,852 of the 214,406
applications filed, or 54 percent.
The following chart displays the three major reasons why we determined the
applications are misrepresented. Each type of misrepresentation is based on the
total of the applications reviewed, and is not intended to represent 100 percent.

www.oig.dol.gov/public/reports/oa/2004/06-04-004-03-321.pdf
 
No Fifo!!!!

pdjune2001 said:
The other thing that we have also heard is that BPC s are considering to expand the rir conversion window upto March 2005. They dont really want to do the supervised recruitment for all these pending non-rir cases.

I am trying to estimate how many active 245(i) cases are there ? 20000 / 30000 / 50000 ?

Does anyone know whether there has been any recruitment instruction sent out for May 2001 cases ?

Surprised anybody. As you can see there was an AD posted for a guy in NC. As per the online manifest NC was processing cases from 6/9/2003.
http://www.jobsearch.org/seeker/job...Search_JobId=33919931&JobSearchType=JobSearch

So this guy must be from at the latest 6/9/2003. Here we blow a big hole on any theories that we might come up with. So as the legend goes on this forum pray that some one picks your application some day.
 
epidural said:
Surprised anybody. As you can see there was an AD posted for a guy in NC. As per the online manifest NC was processing cases from 6/9/2003.
http://www.jobsearch.org/seeker/job...Search_JobId=33919931&JobSearchType=JobSearch

So this guy must be from at the latest 6/9/2003. Here we blow a big hole on any theories that we might come up with. So as the legend goes on this forum pray that some one picks your application some day.

First he appears not to be 245i case. He or his employer may have wrote someone or know someone...
 
vexlak said:
I juat cheked the AJB. Here it comes:

For 9/18 10 jobs posted
For 9/19 8 jobs posted
for 9/20 4 jobs posted
That is on average 7.3 cases per day.

Cosidering 15000 cases with speed of 7.3/day and 264 working days, it will take only over 7years to process the cases...

On the bases of new information that there are at least 160 000 245i cases, the calculation revels that the processing time for all the remaining NON RIR cases is “only” 83 years... :eek:
 
Hi Guys,
Yesterday My lawyer said that she is going to talk to my manager about my Ad. As per her Mostly addvertisement go in first week of oct, 2006.
My PD is 16, Dec 2003 (From Philly BLC) EB3/Non RIR. Mine also filed in NC state. 45 days letter received on 27 May 2006 and replied on 31 may 2006.
So if this is correct (I am hoping) then the processing Dec 2003 Non RIR /EB3 cases correct?
I have one more question....my ETA # starts with D-XXXX_XXXX but I see most of the case # starting with P-XXXX-XXXXX....whats teh difference?
any idea..

also Please note my company filed for me from CA in 2002 and again from NC in 2003. But they are proceeding with 2003.
Cheers...and greetings.
Thanigai.
 
Last edited by a moderator:
Thanigai said:
Hi Guys,
Yesterday My lawyer said that she is going to talk to my manager about my Ad. As per her Mostly addvertisement go in first week of oct, 2006.
My PD is 16, Dec 2003 (From Philly BLC) EB3/Non RIR. Mine also filed in NC state. 45 days letter received on 27 May 2006 and replied on 31 may 2006.
So if this is correct (I am hoping) then the processing Dec 2003 Non RIR /EB3 cases correct?
I have one more question....my ETA # starts with D-XXXX_XXXX but I see most of the case # starting with P-XXXX-XXXXX....whats teh difference?
any idea..

also Please note my company filed for me from CA in 2002 and again from NC in 2003. But they are proceeding with 2003.
Cheers...and greetings.
Thanigai.
If your case starts with D, then its at Dallas Backlog Center, not Philly. Perhaps you should re-check case details with your lawyer.

Folks, if Thanigai has the right info on his/her case, then it would seem like NC Non-RIR cases have started getting recruitment instructions.
 
Thanigai,
Congratulations first. Then, P- means that case is in Piladephia center, D- means your case is in Dalas center. Could you confirm in anyway that your lawer does receive recruiment instruction from the backlog center therefore she is going to do the advertisement? My PD is April 2002 and nothing happened yet.



Thanigai said:
Hi Guys,
Yesterday My lawyer said that she is going to talk to my manager about my Ad. As per her Mostly addvertisement go in first week of oct, 2006.
My PD is 16, Dec 2003 (From Philly BLC) EB3/Non RIR. Mine also filed in NC state. 45 days letter received on 27 May 2006 and replied on 31 may 2006.
So if this is correct (I am hoping) then the processing Dec 2003 Non RIR /EB3 cases correct?
I have one more question....my ETA # starts with D-XXXX_XXXX but I see most of the case # starting with P-XXXX-XXXXX....whats teh difference?
any idea..

also Please note my company filed for me from CA in 2002 and again from NC in 2003. But they are proceeding with 2003.
Cheers...and greetings.
Thanigai.
 
Where do you guys come up with this October 2003 non RIR processing time? My PD is April 2002 and I know bunch of guys in my company have similar PD as mine. None of us have heard anything yet.

vexlak said:
I am not sure how many cases are there altogether, yet judging by the current non RIR processing (October 2003) there are not that many RIR left. There must be thousands Non RIR (245i) cases. However there is also good amount that was closed, canceled or revoked...
My point was that there must be some other way for them to process it otherwise it will take 7+years by the current trend.
 
so_depressed said:
Where do you guys come up with this October 2003 non RIR processing time? My PD is April 2002 and I know bunch of guys in my company have similar PD as mine. None of us have heard anything yet.
I think once again FIFO is not being followed. But its a good thing that at least someone in this forum has confirmed having received recruitment instructions for their own case. It'll be interesting to see what process is followed.
 
Left message in my lawyer's phone asking status. But I know one case filed in May 2003 in my company....(She mentioned) advt placed already.
Strange....some time we men could not able to control our BP when we hear no FIFO.
Even though they replied 45days letter to both BLCs, Lawyer confirmed that they go with PBLC and gave me this case # starting D-XXX. Are they trying to use the seniority date?.......My head is spinning...
let me talk to her and update....
 
Thanigai said:
Left message in my lawyer's phone asking status. But I know one case filed in May 2003 in my company....(She mentioned) advt placed already.
Strange....some time we men could not able to control our BP when we hear no FIFO.
Even though they replied 45days letter to both BLCs, Lawyer confirmed that they go with PBLC and gave me this case # starting D-XXX. Are they trying to use the seniority date?.......My head is spinning...
let me talk to her and update....
Thanks, thanigai. Please post any info you can get. there are lots of people in this forum who will have many questions for you, so if you could please follow up, it will be a great help for us to understand how the non-rir scene will emerge.
 
Comfirmation of no FIFO.

Thanigai said:
Left message in my lawyer's phone asking status. But I know one case filed in May 2003 in my company....(She mentioned) advt placed already.
Strange....some time we men could not able to control our BP when we hear no FIFO.
Even though they replied 45days letter to both BLCs, Lawyer confirmed that they go with PBLC and gave me this case # starting D-XXX. Are they trying to use the seniority date?.......My head is spinning...
let me talk to her and update....

Well this is what i was talking about earlier. There is no FIFO. The ADVT that Thanigai mentioned, must be the ADVT that is posted on AJB today for NC. What a shame. We people are just waiting for the recuritment instructions and PBEC puts up an ADVT for 2003. I know if we complain they are going to come back saying all the cases will be cleared by spet 2007.
 
May be they are doing FIFO for BEC's. may be sorted by Dateentered rather than priority Date. who knows ??
 
Need Help - Another frustrated user

Hi,
Here's my info - Need help please respond soon. Thanks in advance

PD - Jan 2003
Filed from Arizona.
Processing type - Regular (NON-RIR)
Recruitment completed and was sent to SFO before moving the Dallas Back log center
45 day received in 2005 April and sent back end of April
On line status - In process

The screen shot that i received had a case source as STATE
not sure why - i checked with my attorney and she said it is alright.
I feel it should have been regional as it was in SFO and my recruitment is completed. Is this a problem. Do i have to have them change this info

Please respond. I am already on my 10th year extension

Thanks
 
Hi,

Yes it is a problem. If the source is 'state', they'll do the recruitment again. It should show proper source. If it does not then your lawyer should work to change it. You should have got your labor by now. You can peacefully press the panic button and ask them for more clear answers.

From the tracker, we could see that all the applications that went from regional have been certified.


-Bruce

terminator2004 said:
Hi,
Here's my info - Need help please respond soon. Thanks in advance

PD - Jan 2003
Filed from Arizona.
Processing type - Regular (NON-RIR)
Recruitment completed and was sent to SFO before moving the Dallas Back log center
45 day received in 2005 April and sent back end of April
On line status - In process

The screen shot that i received had a case source as STATE
not sure why - i checked with my attorney and she said it is alright.
I feel it should have been regional as it was in SFO and my recruitment is completed. Is this a problem. Do i have to have them change this info

Please respond. I am already on my 10th year extension

Thanks
 
About FIFO

Got this from our HR. Just want to share with everyone.

The BEC Manager confirmed that applications are being processed in ‘first-in-first-out (FIFO) order. The Manager acknowledged that some inconsistencies in FIFO have occurred and explained factors contributing to this. Original shipping of cases from the state agencies was inconsistent. For example, cases received from state agencies were put into the BEC queue for processing and then additional shipments of cases with earlier priority dates were received later. This caused some processing that was out of order in terms of priority dates. In addition, before 6/30/06, not all cases were data entered into the BEC system and the BECs could only work on cases that were actually in their system, meaning they were pulling applications for adjudication when not all cases had actually been data entered. This also caused some case handling that was out of order in terms of priority dates.

BEC Manager stated that now, with 95% of all cases data entered as of 6/30/06, applications are pulled up for adjudication in date order. The BEC Manager explained that an automated system pulls up each case, and that BEC Analysts are unable to override or change the system to pull cases out of order.

BEC Manager made an important point about FIFO processing stating that while cases are being pulled up for adjudication in date order, they are not always completed in date order. Analysts working on several cases at a time may have an application that requires more time to complete adjudication, thus the actual approval dates of cases may not be in order. The agency will not hold case approvals to ensure approvals are issued in FIFO order, rather they will focus on ensuring cases are initially pulled up for adjudication on FIFO basis. Cases are being pulled up for adjudication from both the TR and RIR queues
 
bpc2001 said:
Got this from our HR. Just want to share with everyone.

The BEC Manager confirmed that applications are being processed in ‘first-in-first-out (FIFO) order. The Manager acknowledged that some inconsistencies in FIFO have occurred and explained factors contributing to this. Original shipping of cases from the state agencies was inconsistent. For example, cases received from state agencies were put into the BEC queue for processing and then additional shipments of cases with earlier priority dates were received later. This caused some processing that was out of order in terms of priority dates. In addition, before 6/30/06, not all cases were data entered into the BEC system and the BECs could only work on cases that were actually in their system, meaning they were pulling applications for adjudication when not all cases had actually been data entered. This also caused some case handling that was out of order in terms of priority dates.

The BEC manager doesn’t know what he is talking about. He is basing his opinion on what needs to be said in a political way, which is totally incorrect and holds zero percent truth to his lazy statement. There should be no factor that constitutes the wrong doing in implementing FIFO. Has it been ever thought of how the packages need to be opened in a queue or they started processing the cases once it all been entered in their system, it should not have been an issue at all. Where is the great planning of processing cases given the fact that there are above 350000 cases in stack? Think about this if they can give your status of tax return in a week processing more than 200 million people query, why can’t just 350000 people are still sitting back wondering just to know the status of their cases – given the fact that they have established the two centers for more than 2 years now.

BEC Manager stated that now, with 95% of all cases data entered as of 6/30/06, applications are pulled up for adjudication in date order. The BEC Manager explained that an automated system pulls up each case, and that BEC Analysts are unable to override or change the system to pull cases out of order.

Just given the scenario as few people still didn’t receive their so called 45 days letter, I still doubt that 95% of the data entry has been completed. In my case, they entered the partial data, why it can be entered in full? What other requirements they need? Why they are still sitting doing nothing after I sent multiple inquires about my case which should invoke their place to go and drill what is missing or how it can be accomplished? Few other people having later PD than mine are able to receive 45-days letter. It was from the same agency, same SWA, why one can receive a letter and why I can’t?

BEC Manager made an important point about FIFO processing stating that while cases are being pulled up for adjudication in date order, they are not always completed in date order. Analysts working on several cases at a time may have an application that requires more time to complete adjudication, thus the actual approval dates of cases may not be in order. The agency will not hold case approvals to ensure approvals are issued in FIFO order, rather they will focus on ensuring cases are initially pulled up for adjudication on FIFO basis. Cases are being pulled up for adjudication from both the TR and RIR queues.

--Their system is a complete failure in establishing their promise of maneuvering cases to flow in Traditional and Non-Traditional queue.
--Their system is total disaster in order to just handle less than half million cases, and still making speculation that 95% of the cases been in their Center Receipt Notification Letter (CRNL) data.
--Their total disaster in handling the cases that already received full review from the SWA, once the labor is remanded, why are they still adjudicating the cases without going thru recruitment step again? Once the region sends it back to state, state is required to have the employer to file under Traditioanl queue. Why their own interpretation of approving labor is now being amended, seeing the provision it seems like they are not reluctant to follow their own policy.
 
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