INFO from hot source
Guys, this just in:
- I asked a friend of mine, who's American, and very articulate, to call a VERY high-up executive who works for the DOL in Washington, someone directly involved with the BEC's (sorry, he asked me not to name the person here).
- They had a long conversation, and the DOL executive was very friendly and very open to explain what's going on.
- I wasn't on the call, but this is the info my friend gathered:
Q) why Dallas is processing 2004 and Philly 2002 ?
A) there are 4 queues, 2 for each center. One for RIR, another for TR. The centers are NOT working together, and that was the plan from the beginning. The centers operate independently. (comment: that explains why we see the centers doing things separately)
Q) why FIFO is not being followed ?
A) FIFO IS being followed, within the 4 queues. There is no national FIFO queue. (comment: my friend didn't know how to ask about Regional versus SWA cases, but I bet they have sub-queues for that too)
Q) but that doesn't seem fair, how can we have someone from 2004 being approved before someone from 2002 ?
A) (repeat info about the 4 queues)
Q) I take it from your answer that you agree, it's not strictly FIFO, and what seem to be violations of the FIFO can easily occur ...
A) yes, that's what I'm saying ... we're working on getting the 2 centers operating more in line with each other. We expect to improve that in the next couple of months.
Q) how about PERM, being a system designed to adjudicate labor certs, why can't you convert the old applications to PERM ?
A) we thought hard about it, we commissioned a team to analyse the applications in the old system. It's just not possible, because the old labor has different information, and there's just no way to input that in the new system. We would have to have officers reviewing every single case in order to put them in the PERM system, and a very large number of them are just incomplete.
Q) ok, but how can you have 2 separate systems, where people in one system get approved faster than the backlogged applicants ?! that doesn't seem logical !
A) I agree, we thought a lot about it. The problem is, we (as a gov. agency) don't decide what to do, we're told what to do by the Congress. The PERM regulation was approved and the DOL was instructed to put it in place. But your friend can apply for PERM and he'll get it approved in 45 to 60 days ...
Q) But that's the problem, his company doesn't want to do PERM for him, because they don't want do the recruitment again ...
A) But you have to understand that the job conditions change, that's why a new recruitment is required.
Q) But it doesn't make sense ! It's the same company, same job, same employee. How can you have 2 doors to get certification, if you take door A, your recruitment is valid, if you take door B, your recruitment is NOT valid !
A) (laugh) yes, I understand ... unfortunately, that's the way it is ...
Q) When do you expect to clear the backlog ?
A) We expect to have it cleared by September/2007 and the centers will be closed.
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- and the DOL executive closed by saying that the DOL wants to be helpful, that applicants don't have to be fearful of them, because DOL has nothing to do with enforcement, but just deals with labor issues ...
- the DOL executive also offered to check my status, which was very nice, but that's not the point for me. I'm gonna try to establish a communication channel and gather more info, I wanna know more about their process, why they pick one state over another, etc.
- another thing: if they expect to clear by 09/2007, can we then assume that they'll spend 6 months doing 2002, 6 months doing 2003 and the final 6 months doing 2004 !?