More info on my rejected RIR case.
Hello everyone....
Well, first to answer all your questions.
1) My application was rejected by DOL (I THINK).
2) My job title is "Software Engineer"
3) There was NO reason given.
4) My HR person told me that the general trend of applications being rejected was "PEOPLE WHO HAD TWO OR LESS YEARS OF EXPERIENCE, and UNDERGRAD degrees ONLY...AT THE TIME OF LC FILING". Now I am not sure how true this is, but I was told so.
5) My company has not had any MAJOR layoffs at all. There were some 2-300 people who were let go, but that was due to restructuring...and not to mention that the company total employee population is close to 8000.
I AM PASTING THE EMAIL MY HR MANAGER SENT ME TELLING ME ABOUT THE REJECTION. I HAVE TAKEN OUT ALL MY INFO AS WELL AS MY COMPANY INFO.
I AM ALSO ATTACHING THE COPY OF THE LETTER THAT WAS SENT TO MY HR PERSON FROM THE DOL OFFICE. AGAIN, I HAVE TAKEN OUT ALL THE SENSITIVE INFO.
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Unfortunately, I have received bad news regarding your pending Labor Certification. The Department of Labor has notified that they are automatically remanding your case to the State Workforce Agency (SWA) for standard Green Card processing. This means the case is no longer an RIR (Reduction in Recruitment) case. It is now a Traditional Green Card case.
Previously, we had been receiving Assessment Notices on cases filed between March 2001 through July 2001. The letters stated that EDD would not approve any Labor Certification application for RIR filing, due to the significant layoffs within the industry and the occupation stated on the application. The EDD believed there were able, willing and qualified U.S. workers available for the position. DOL gave the following options, allowing a company to either re-test the market, or withdraw the LC or remand to SWA for traditional GC processing.
However, very recently DOL has seemed to stop issuing the Assessments and has instead been issuing RIR denials and automatic remands of LC-RIR cases filed after July 2001 on the basis that during this time there was substantial evidence of availability of US workers, regardless of our recruitment evidence. Accordingly, DOL is not issuing retest letters but denying and remanding LC-RIR cases.
We will continue to monitor developments on this issue, however at this time there is nothing we can do to stop this from happening. We can only wait for DOL to issue guidance on this issue. You will continue to have a priority date of August 22, 2001, but the case will no longer be in RIR processing.
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COPY OF LETTER SENT BY DOL TO MY COMPANY
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