sbdol said:
I agree that the labor substitution was a very convenient but very unfair option. It let employers take somebody's priority date and sell it to somebody else without explaining the reason. It also was a ground for many frauds. But how its elimination will help those who spent a good part of their life in the Philadelphia prison ? On contrary I hope they will not introduce some extra time consuming check to ensure that the application is not a substitution one.
Hi
This removal of Labor substitution will work for the benefit of all of us in the Longrun fr sure.
First - This will bring in FIFO in the processs -I think the amount of approved Labor currently being sold to all new comers who can pay will first implement FIFO which we want and cry for all the time
Centralization of all Labor stopped all the inequality we had with in the system ( Of course with a costly price we pay through PBEC now). But it will be a good step for future. Now no one can just open up a dummy office in Wyoming and get labor approved in months while guys from NY is waiting since 2001. This is number one benefit I see with this . FIFO in all respect
Second - If all the approved labor is sold - These will consume Visa Numbers . This will be freed for all of us who are waiting in the queue. This could be any where from 50,000 to 60000 . Iam guessing 10% of approved Labor is being old in the market now . It could be more or less even
Third - There is no change allowed in PERM any more .I mean substitution of names etc . This might come as an additional cost to one who pay for PERM . He has to file new one even if there is a mistake. But brighter side is now it forces employer to pay.( some might get hit because not all employer will be willing to pay second time. But I think it will improve Attorney efficiency( client will push for correct paperwork as otherwise he has to pay) and you don't have to wait for 6 months instead of 3 months
Fourth - This will debar the employer and Attorney from Labor process if proved that they are selling or part of selling effort. It will create Investigation for Fraud .
Nowaday Attorney's are part of this selling too. This has to stop - Period.
Ofcourse ike every violation of law some company might still do the selling. But this law will greatly reduce that Fraud and many will toe in line after this. Even some Big Attorney firms are not advising Clients when they substitute one name for other. I know of a Company which substituted a new Guy for a pending Labor because he paid them few bucks. They have another labor labor pending which they want to use for the old guy. Now in cases like these if you come to know about this you can sue the Attorney itself. Now they have to wake up and advise client or be part of it and face investigation ( this is one the reason they might object to this law )
One can argue how an Attorney will be part of a Business decision by a Client for that kind of substitution.They want more Business from Client and that is why they keep quiet even after knowing about all this pain of waiting game and how the process is today.If one can prove this point then Attorney will be part of the Fraud investigation and No one with good reputation will want that publicity
Fifth - Employer has to Pay and Pay and Pay . some might argue that they will not pay. Today is a competitive economy. He will pay if he needs to. But today he is avoiding it as there is no binding law for that. This will help. But few might still not pay. I think that the percenatge that gets affcted with that will be very less and in the larger interest of other people they have to sacrifice I think.
Envision a day when all IT work will be done at Third world countries ( where talents are ) and all of us does not have to write in PBEC like this and wait for 7th , 8th , 9th year Extn, then 140, 485, citizenship etc etc. We might miss US for sure for all the Comforts, good system ( excluding PBEC) , Good education for our Children ( remember there are lots of study now that shows that US is lagging behind in Education that might be needed in 2015.) Our Countries will benefit economically and this will improve how we operate in future. All Third world countries are doing well now and much improved in standard of living in a great deal in comparison to the time we left that place.
There will be lot of Objections from Big wigs ( Business) and Attorneys for this with a lame excuse that this will delay the employer in getting the Resource he needs and all the economic bullshit thoery attached to that
Answer this question: How a Labor filed in 2001 to 2004 who's date of approval is not known to the GOD even will be successfully used for a Guy they plan to hire now. Business is not the same today as it was in 2001. They can go to PERM (which is a very good step DOL did before this rule) and apply and he gets his approval for the Guy in the 60 days. ( prior paper work of 30 days should not be counted for this).Big Companies does not even do H1 nowadays .Why they cry for GC. They have lot of options - 7th, 8th extn etc
What is the Justification to retain an OLD labor that is getting cleared now.Absolutely none except that it will add more Bugs to the packet and not to improve Business as they justify
Even Learned Attorney's like Murthy's object to this law stating it will hamper Business of their clinets. Business will no way get affected. If the Guy has moved out of your company file a new PERM application- Period.
In fact we should make sure this Draft gets in to law. It will help retrogession and Gets us FIFO for who waits here in DOL. This should be added to law suit agenda OR IV.ORG agenda. How Attorney's will like this is another question
Whats is good for majority is always not good for a few in any community
Guys we should support this removal of substitution in my opinion. Your views are welcome
My 0.000000000002 cents
