Philadelphia Regional DOL Tracker
- Thread starter usnycus
- Start date
There should be public website warning about bad lawyers...
.... something like this is not difficult to create, people like us could add our personal experiences in here...
I mean c'mon everyone knows who the good lawyers are, unfortunately not everyone is in a position to avail of the best lawyers services, if there was such a website at least people could be wary of the ones who dont have a good reputation in servicing past clients...
My lawyer for example is not a liar. She's just doesn't know what she's doing. I've had 2 occassions to teach her a thing or two about immigration related law/news etc.
I mean when I pointed her to publicly available literature supporting what I was saying and she was contradicting, her response; "hmm.. I can see how it could mean this, I read it this way..." and in one instance I am talking about the recent State Department last date for visa revalidations... how can you read a date "this way" unless you're reading it in the European format.
Jezzz...
-spidey
whatheheck said:
.... something like this is not difficult to create, people like us could add our personal experiences in here...
I mean c'mon everyone knows who the good lawyers are, unfortunately not everyone is in a position to avail of the best lawyers services, if there was such a website at least people could be wary of the ones who dont have a good reputation in servicing past clients...
My lawyer for example is not a liar. She's just doesn't know what she's doing. I've had 2 occassions to teach her a thing or two about immigration related law/news etc.
I mean when I pointed her to publicly available literature supporting what I was saying and she was contradicting, her response; "hmm.. I can see how it could mean this, I read it this way..." and in one instance I am talking about the recent State Department last date for visa revalidations... how can you read a date "this way" unless you're reading it in the European format.
Jezzz...
-spidey
spidey said:
at leas your lawyer is willing to listen spidey. and willing to even read. you are lucky!
my lawyer told me this once: "you understand english better than me, so go read the news on the internet yourself if you want to know what's going on with BEC"...and when he finally told me last week "checking status with BEC is not my duty. i don't provide such a service"...i decided to finally give up getting anywhere with him. he was saying all of this of course in his broken english.
i guess i am on my own. hopefully when he gets my letter, he will not actually loose it in the piles of papers he has all over his office.
PainfulGC123
Registered Users (C)
foret1 said:
When I call my lawyer, he avoids talking to me. He tells me he hasn't heard from Philly BEC and immediately says he is currently busy with clients in his office or some other lame excuse that he is busy and that he'll have to talk to me some other time. He does this everytime I call him.
When I received NOF from VA SWA, I was in great trouble and had a lot of mental anxiety to a point where it affected my health. My stupid lawyer did not even know that he should not put "unduly restrictive requirements" in Item 15 ETA 750 Form A. If he was a good lawyer, he would surely know this main and most common issue with labor certifications. However, he did not know how to respond by drafting a business necessity letter. He asked me to draft it because I understood my technical field of specialty better than he did. I finally drafted an effective "business necessity letter" and he used it as is...Luckily, my state labor cleared after that.
Also, under item 14 ETA 750 A he had put BS as a min. requirement. I asked him to make it MS+0 (or BS+5 yrs progressive exp) so that I could qualify for EB2. He did that and luckily my LC got amended and I will now hopefully won't fall prey to the EB3 visa retrogression. In other words, a bad thing (SWA query / NOF) turned into a good thing (amendment of Item 14 on ETA 750A such that my LC falls under EB2).
Initially he was stubborn and did not even listen to me. I affirmed that I know a lot about immigration law since I do my research online and started explaining him things I knew. I even forwarded some links that explained what I told him. He then told me that you are an exception because you are an "educated client". He then even let me review all the items on the ETA amended form before submitting it back to the VA SWA. I was very nitty gritty and checked for all minor errors, spelling mistakes, etc. Then he responded to VA SWA. His response was very late when the deadline was very close. I wish he has taken my case seriously and responded at his earliest convenience. He took his own sweet time to respond and I was worried that I might miss the response deadline.
Lawyers do cause enough anxiety in addition to DOL/USCIS/DOS. Tell me about it.
Last edited by a moderator:
BEC and PERM Updates Part I
DOL Provides Additional Guidance on BECs and PERM Centers
Representatives from both the U.S. Department of Labor (DOL) and American
Immigration Lawyers Association (AILA) met on January 1, 2005 to discuss labor
certification Backlog Elimination Centers (BECs), PERM centers, and other labor
certification issues. A summary of their discussions was released on January 24,
2005. We have summarized highlights of that report for the benefit of
MurthyDotCom and MurthyBulletin readers.
BECs Currently Processing Only Cases from Own Regions
The DOL confirmed that BECs are currently processing only labor certifications
that moved from their own regions into the BECs. The 45-day letters have still
not gone out on all cases that were transferred from the Dallas, Philadelphia,
and San Francisco regional offices into the BECs, and a case is not processed
until the 45-day letter is returned with a response. One reason the BECs may not
yet be processing cases from other regions and the State Workforce Agencies
(SWAs) is that the DOL is working on establishing national standards for the
labor certification reviews. These national standards will attempt to address
the fact that each region has somewhat different interpretations of the
requirements for the labor certification. Once these national standards are
established, it may be made clearer whether a switch is in the best interest of
those considering re-filing their existing cases under PERM.
45-Day Letter Only Indication of Transfer
The DOL confirmed that the SWAs and regions do not have funding to issue
transfer notices when the cases are moved to BECs. Therefore, the only notice of
the transfer will be the 45-day letter to the employer or employer's
representative. The DOL did indicate that the San Francisco regional office was
left with fewer than 10,000 remaining cases. This follows the transfer of 10,000
cases to the Dallas BEC and 10,000 to the Philadelphia BEC. So, for cases that
were sitting at the San Francisco region, there is approximately a one-in-three
chance as to where the case is at this time. Since the oldest cases were the
ones transferred, the more recently-filed cases most likely remain at the San
Francisco regional office.
Processing Cases by First-In / First-Out (FIFO)
Though cases at the BECs will be sorted into RIR and regular labor certification
cases, the DOL advised that they are making every effort to get the cases with
the oldest priority dates processed first, regardless of whether they are RIR or
regular. Therefore, if the RIR processing is going faster than the regular case
processing, the DOL intends to shift its resources. There likely will be little
advantage as far as time for those who filed RIR cases rather than regular
cases. This factor may also play a big role in the decision whether to re-file
under PERM or wait out the processing at the BECs.
Special Handling Cases
The DOL is still working to identify Special Handling cases that were sent to
the BECs and determining how to process them. There hopefully will be more
information on this at a later date. For those who are not familiar with the
term "special handling" it refers to a faster option for obtaining a labor
certification available for certain faculty teaching at institutions of higher
education.
Job Orders for Regular Cases
The BECs will process job orders for regular cases on a national level, using a
national job order system. Job orders for cases that the SWAs processed were
placed on a state level. PERM will also require job orders at a state level.
45-Day Letters
The DOL has indicated that it will accept an attorney's signature on the letter
in lieu of the employer's signature, but if they receive a letter from the
attorney and the employer, the employer's expressed intent will govern. The DOL
agreed that employers could submit a substitute beneficiary at the time of
responding to the 45-day letter and expressed that this is a "great" time to
submit such substitutions.
Prevailing Wage Determinations
The DOL indicated that the SWAs should be able to make Prevailing Wage
Determinations (PWDs) for PERM cases on or after March 8, 2005, when the 4
levels for PWDs will be required by law.
DOT vs. O*Net
The DOL confirmed that DOT (Dictionary of Occupational Titles) codes may be used
for any cases filed before PERM is implemented. For PERM cases, the O*Net Job
Zone must be used. The DOT codes provide a Specific Vocational Preparation (SVP)
code that indicates how much education and experience a person must have for a
specific job. The O*Net Job Zones, instead, provides a range, where the range is
between two SVPs.
These updates provided by the DOL are helpful during this transitional time. We
will continue to provide MurthyDotCom and MurthyBulletin readers with
information concerning the complex and ongoing changes in labor certification
processing.
Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
. . . . . . . . . . . . . .
2. EB3 "Other Worker" Category May Retrogress
In the February 2005 Visa Bulletin, the U.S. Department of State (DOS) has
indicated that the EB3, Other / Essential Worker category (EW) is likely to
retrogress for all countries in March 2005. The EW category is for positions
that require less than two years of training or experience. This is,
essentially, unskilled and semi-skilled positions. It is not to be confused with
the EB3 category for professionals and skilled workers.
As regular MurthyDotCom and MurthyBulletin readers know, the EB3 category for
professionals / skilled workers from India, mainland China, and the Philippines
retrogressed in January 2005. This is the subject of our December 10, 2004
NewsFlash, Employment Visa Numbers Retrogress, available on MurthyDotCom. The
difference with the EW cases is that this category may retrogress for all
countries of chargeability, not only the three countries that were affected by
the EB3 retrogression in January 2005.
Once the numbers retrogress, it is unclear whether they will move forward
significantly, or at all, sometime in the near future. Those affected by
retrogression may want to spend time gathering certain required documents for
the I-485 or consular processing stage as soon as the I-140 immigrant petition
is approved, in order to avoid filing delays once the visa dates become current.
Such documents include, but are not limited to, proof of birth, proof of
marriage, and proof of legal status while in the United States or proof of
245(i) eligibility. The retrogression is, in part, the result of increased
demand for the visa numbers due to USCIS backlog reduction efforts.
Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
. . . . . . . . . . . . . .
DOL Provides Additional Guidance on BECs and PERM Centers
Representatives from both the U.S. Department of Labor (DOL) and American
Immigration Lawyers Association (AILA) met on January 1, 2005 to discuss labor
certification Backlog Elimination Centers (BECs), PERM centers, and other labor
certification issues. A summary of their discussions was released on January 24,
2005. We have summarized highlights of that report for the benefit of
MurthyDotCom and MurthyBulletin readers.
BECs Currently Processing Only Cases from Own Regions
The DOL confirmed that BECs are currently processing only labor certifications
that moved from their own regions into the BECs. The 45-day letters have still
not gone out on all cases that were transferred from the Dallas, Philadelphia,
and San Francisco regional offices into the BECs, and a case is not processed
until the 45-day letter is returned with a response. One reason the BECs may not
yet be processing cases from other regions and the State Workforce Agencies
(SWAs) is that the DOL is working on establishing national standards for the
labor certification reviews. These national standards will attempt to address
the fact that each region has somewhat different interpretations of the
requirements for the labor certification. Once these national standards are
established, it may be made clearer whether a switch is in the best interest of
those considering re-filing their existing cases under PERM.
45-Day Letter Only Indication of Transfer
The DOL confirmed that the SWAs and regions do not have funding to issue
transfer notices when the cases are moved to BECs. Therefore, the only notice of
the transfer will be the 45-day letter to the employer or employer's
representative. The DOL did indicate that the San Francisco regional office was
left with fewer than 10,000 remaining cases. This follows the transfer of 10,000
cases to the Dallas BEC and 10,000 to the Philadelphia BEC. So, for cases that
were sitting at the San Francisco region, there is approximately a one-in-three
chance as to where the case is at this time. Since the oldest cases were the
ones transferred, the more recently-filed cases most likely remain at the San
Francisco regional office.
Processing Cases by First-In / First-Out (FIFO)
Though cases at the BECs will be sorted into RIR and regular labor certification
cases, the DOL advised that they are making every effort to get the cases with
the oldest priority dates processed first, regardless of whether they are RIR or
regular. Therefore, if the RIR processing is going faster than the regular case
processing, the DOL intends to shift its resources. There likely will be little
advantage as far as time for those who filed RIR cases rather than regular
cases. This factor may also play a big role in the decision whether to re-file
under PERM or wait out the processing at the BECs.
Special Handling Cases
The DOL is still working to identify Special Handling cases that were sent to
the BECs and determining how to process them. There hopefully will be more
information on this at a later date. For those who are not familiar with the
term "special handling" it refers to a faster option for obtaining a labor
certification available for certain faculty teaching at institutions of higher
education.
Job Orders for Regular Cases
The BECs will process job orders for regular cases on a national level, using a
national job order system. Job orders for cases that the SWAs processed were
placed on a state level. PERM will also require job orders at a state level.
45-Day Letters
The DOL has indicated that it will accept an attorney's signature on the letter
in lieu of the employer's signature, but if they receive a letter from the
attorney and the employer, the employer's expressed intent will govern. The DOL
agreed that employers could submit a substitute beneficiary at the time of
responding to the 45-day letter and expressed that this is a "great" time to
submit such substitutions.
Prevailing Wage Determinations
The DOL indicated that the SWAs should be able to make Prevailing Wage
Determinations (PWDs) for PERM cases on or after March 8, 2005, when the 4
levels for PWDs will be required by law.
DOT vs. O*Net
The DOL confirmed that DOT (Dictionary of Occupational Titles) codes may be used
for any cases filed before PERM is implemented. For PERM cases, the O*Net Job
Zone must be used. The DOT codes provide a Specific Vocational Preparation (SVP)
code that indicates how much education and experience a person must have for a
specific job. The O*Net Job Zones, instead, provides a range, where the range is
between two SVPs.
These updates provided by the DOL are helpful during this transitional time. We
will continue to provide MurthyDotCom and MurthyBulletin readers with
information concerning the complex and ongoing changes in labor certification
processing.
Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
. . . . . . . . . . . . . .
2. EB3 "Other Worker" Category May Retrogress
In the February 2005 Visa Bulletin, the U.S. Department of State (DOS) has
indicated that the EB3, Other / Essential Worker category (EW) is likely to
retrogress for all countries in March 2005. The EW category is for positions
that require less than two years of training or experience. This is,
essentially, unskilled and semi-skilled positions. It is not to be confused with
the EB3 category for professionals and skilled workers.
As regular MurthyDotCom and MurthyBulletin readers know, the EB3 category for
professionals / skilled workers from India, mainland China, and the Philippines
retrogressed in January 2005. This is the subject of our December 10, 2004
NewsFlash, Employment Visa Numbers Retrogress, available on MurthyDotCom. The
difference with the EW cases is that this category may retrogress for all
countries of chargeability, not only the three countries that were affected by
the EB3 retrogression in January 2005.
Once the numbers retrogress, it is unclear whether they will move forward
significantly, or at all, sometime in the near future. Those affected by
retrogression may want to spend time gathering certain required documents for
the I-485 or consular processing stage as soon as the I-140 immigrant petition
is approved, in order to avoid filing delays once the visa dates become current.
Such documents include, but are not limited to, proof of birth, proof of
marriage, and proof of legal status while in the United States or proof of
245(i) eligibility. The retrogression is, in part, the result of increased
demand for the visa numbers due to USCIS backlog reduction efforts.
Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
. . . . . . . . . . . . . .
damn lawyer
I couldn't agree any more on those above comments about their stupid lawyer. They don't care their clients at all except their money. Stupid and cruless. Here is my story. If i didn't put my faith on my lawyer, i guess my GC already came. My lawyer put my ad as Min MS, but he didn't even check my salary. The state level NOF came very quick and questioned the salary and he just asked me to request a salary increase from my employer. That didn't work and the I told him to find some public salary survey to defend. He said he would do so at that time. I called hime many times when the deadline came and finally he told me that he REPLIED on day before the deadline. HE IS A LIAR. When i asked him the track number, he said he used first class and no way to track. Ok, what you can do in that case. After another 4 months and we got nothing form the SWA. So my employer contacted the certified officer. Guess what we found out. We were told that a NOF was issued half a year ago and you didn't respond!!! What a jerk! If everthing turns ok, my case should have already in Philly before May 2003 and wouldn't stay with the damn BEC. Everbody know Philly precoss was very fast, normally a couple of months before May 2003. But now, ... The stupid lawyer wasted me not only money and time but also make me have to wait 3or4 year longer to get my GC. I am seriously think to sue him for compensation.
Now i am on the same boat with all fellows on this board. I started my LC again. This time, i am the lawyer for myself. I believe educated clients do much better job than lawyers. By the way, there may be some problemsif we publish these lawyer's name here, but can we share information by personal messgae in case we run into another stupid lawyer again next time.
I couldn't agree any more on those above comments about their stupid lawyer. They don't care their clients at all except their money. Stupid and cruless. Here is my story. If i didn't put my faith on my lawyer, i guess my GC already came. My lawyer put my ad as Min MS, but he didn't even check my salary. The state level NOF came very quick and questioned the salary and he just asked me to request a salary increase from my employer. That didn't work and the I told him to find some public salary survey to defend. He said he would do so at that time. I called hime many times when the deadline came and finally he told me that he REPLIED on day before the deadline. HE IS A LIAR. When i asked him the track number, he said he used first class and no way to track. Ok, what you can do in that case. After another 4 months and we got nothing form the SWA. So my employer contacted the certified officer. Guess what we found out. We were told that a NOF was issued half a year ago and you didn't respond!!! What a jerk! If everthing turns ok, my case should have already in Philly before May 2003 and wouldn't stay with the damn BEC. Everbody know Philly precoss was very fast, normally a couple of months before May 2003. But now, ... The stupid lawyer wasted me not only money and time but also make me have to wait 3or4 year longer to get my GC. I am seriously think to sue him for compensation.
Now i am on the same boat with all fellows on this board. I started my LC again. This time, i am the lawyer for myself. I believe educated clients do much better job than lawyers. By the way, there may be some problemsif we publish these lawyer's name here, but can we share information by personal messgae in case we run into another stupid lawyer again next time.
BEC and PERM Updates Part II
3. PERM Impacts Physical Therapist and Nurse Filings
The PERM regulation, which regular MurthyDotCom and MurthyBulletin readers are
aware goes into effect on March 28, 2005, retains many of the concepts and
provisions from the prior labor certification regulations. Included in this
carry-over from current provisions are Schedule A occupations, including
Physical Therapists and Nurses.
Schedule A occupations are those recognized and identified by the U.S.
Department of Labor (DOL) as occupations that do not have sufficient U.S.
workers who are able, willing, qualified, and available and in which the wages
and working conditions of U.S. workers will not be adversely affected by the
hiring of foreign nationals for these positions. These occupations are
"pre-certified," or certified in advance. Thus, they do not have to undergo the
labor certification process to determine whether U.S. workers are available.
These professionals have to file with the U.S. Citizenship and Immigration
Services (USCIS), bypassing the DOL labor certification process. Effective from
March 28, 2005, the documents that must be filed with the Schedule A occupations
will change.
Physical Therapists Filing under PERM
Under PERM, as with the current system, the position of physical therapist is
pre-certified. This means that it is not necessary to file a request for a labor
certification with the DOL for this occupation. It is necessary, however, to
submit the labor certification forms, as well as other documentation, with the
USCIS in connection with the employer's required I-140 Immigrant Petition for
Foreign Worker. This remains the case under PERM.
Under PERM, physical therapists must file a letter or statement, signed by an
authorized physical therapy licensing official in the state of intended
employment, indicating that the foreign national is qualified to take that
state's written licensing examination. In addition, physical therapists must
submit two Forms 9089 (PERM labor certification forms). This filing must include
a prevailing wage determination (PWD) by the appropriate State Workforce Agency
(SWA) and evidence that a notice of filing the Form 9089 was provided to the
bargaining representative or the prospective employer's current employees. The
notice must include notification that a labor certification has been filed for
the position, provide information that any person may submit evidence regarding
the application to the DOL, contain a description of the job, and include a rate
of pay for the position. The rate of pay included for the position must not be
less than the prevailing wage (or actual wage, if higher). Physical therapist
applications must be submitted by the sponsoring employer.
Nurses Filing under PERM
Registered Nurse (RN) positions are also pre-certified. Thus, the required
documentation is also submitted with the employer's I-140 petition to the USCIS.
An RN must file documentation showing that s/he possesses a certificate from the
Commission on Graduates of Foreign Nurses Schools (CGFNS); that s/he holds a
full and unrestricted (permanent) license to practice nursing in the state of
intended employment; OR that s/he has passed the National Council Licensure
Examination for Registered Nurses (NCLEX-RN). In addition, a nurse must submit
two Forms 9089, which include a PWD by the appropriate SWA and evidence that a
notice of filing the Form 9089 was provided to the bargaining representative or
the employer's employees. The notice must indicate that a labor certification
has been filed for the position, provide information that any person may submit
evidence regarding the application to the DOL, contain a description of the job,
and include a rate of pay for the position. The rate of pay included for the
position must not be less than the prevailing wage (or actual wage, if higher).
Nurse applications must also be submitted by the sponsoring employer.
DOL Response to Public Comments
The DOL received numerous comments about nurses. Some suggested alternatives to
the CGFNS certificate, permanent state license in the state of intended
employment, or passage of the NCLEX-RN. The DOL felt that these options were
sufficient to cover qualified nurses. The DOL specifically indicated that proof
of the nurse's having passed the CGFNS nursing skills examination is
insufficient since it does not reveal the nurse's English language proficiency,
which is indicated by the issuance of the CGFNS certificate.
Other comments objected to the prevailing wage determination (PWD) requirement
for Schedule A nurses as a prevailing wage determination (PWD) was not
previously required. The DOL indicated that the employer has always been
required to certify that it is offering at least the prevailing wage for the
occupation and that this is not very different. Therefore, this additional step
was retained in the final regulation.
Conclusion
All Schedule A cases filed for physical therapists and nurses on or after March
28, 2005 must meet these new criteria. It is important that employers of nurses
and physical therapists speak to qualified immigration attorneys to understand
these filings, as the regular labor certification process is not available to
these categories of professionals.
Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
3. PERM Impacts Physical Therapist and Nurse Filings
The PERM regulation, which regular MurthyDotCom and MurthyBulletin readers are
aware goes into effect on March 28, 2005, retains many of the concepts and
provisions from the prior labor certification regulations. Included in this
carry-over from current provisions are Schedule A occupations, including
Physical Therapists and Nurses.
Schedule A occupations are those recognized and identified by the U.S.
Department of Labor (DOL) as occupations that do not have sufficient U.S.
workers who are able, willing, qualified, and available and in which the wages
and working conditions of U.S. workers will not be adversely affected by the
hiring of foreign nationals for these positions. These occupations are
"pre-certified," or certified in advance. Thus, they do not have to undergo the
labor certification process to determine whether U.S. workers are available.
These professionals have to file with the U.S. Citizenship and Immigration
Services (USCIS), bypassing the DOL labor certification process. Effective from
March 28, 2005, the documents that must be filed with the Schedule A occupations
will change.
Physical Therapists Filing under PERM
Under PERM, as with the current system, the position of physical therapist is
pre-certified. This means that it is not necessary to file a request for a labor
certification with the DOL for this occupation. It is necessary, however, to
submit the labor certification forms, as well as other documentation, with the
USCIS in connection with the employer's required I-140 Immigrant Petition for
Foreign Worker. This remains the case under PERM.
Under PERM, physical therapists must file a letter or statement, signed by an
authorized physical therapy licensing official in the state of intended
employment, indicating that the foreign national is qualified to take that
state's written licensing examination. In addition, physical therapists must
submit two Forms 9089 (PERM labor certification forms). This filing must include
a prevailing wage determination (PWD) by the appropriate State Workforce Agency
(SWA) and evidence that a notice of filing the Form 9089 was provided to the
bargaining representative or the prospective employer's current employees. The
notice must include notification that a labor certification has been filed for
the position, provide information that any person may submit evidence regarding
the application to the DOL, contain a description of the job, and include a rate
of pay for the position. The rate of pay included for the position must not be
less than the prevailing wage (or actual wage, if higher). Physical therapist
applications must be submitted by the sponsoring employer.
Nurses Filing under PERM
Registered Nurse (RN) positions are also pre-certified. Thus, the required
documentation is also submitted with the employer's I-140 petition to the USCIS.
An RN must file documentation showing that s/he possesses a certificate from the
Commission on Graduates of Foreign Nurses Schools (CGFNS); that s/he holds a
full and unrestricted (permanent) license to practice nursing in the state of
intended employment; OR that s/he has passed the National Council Licensure
Examination for Registered Nurses (NCLEX-RN). In addition, a nurse must submit
two Forms 9089, which include a PWD by the appropriate SWA and evidence that a
notice of filing the Form 9089 was provided to the bargaining representative or
the employer's employees. The notice must indicate that a labor certification
has been filed for the position, provide information that any person may submit
evidence regarding the application to the DOL, contain a description of the job,
and include a rate of pay for the position. The rate of pay included for the
position must not be less than the prevailing wage (or actual wage, if higher).
Nurse applications must also be submitted by the sponsoring employer.
DOL Response to Public Comments
The DOL received numerous comments about nurses. Some suggested alternatives to
the CGFNS certificate, permanent state license in the state of intended
employment, or passage of the NCLEX-RN. The DOL felt that these options were
sufficient to cover qualified nurses. The DOL specifically indicated that proof
of the nurse's having passed the CGFNS nursing skills examination is
insufficient since it does not reveal the nurse's English language proficiency,
which is indicated by the issuance of the CGFNS certificate.
Other comments objected to the prevailing wage determination (PWD) requirement
for Schedule A nurses as a prevailing wage determination (PWD) was not
previously required. The DOL indicated that the employer has always been
required to certify that it is offering at least the prevailing wage for the
occupation and that this is not very different. Therefore, this additional step
was retained in the final regulation.
Conclusion
All Schedule A cases filed for physical therapists and nurses on or after March
28, 2005 must meet these new criteria. It is important that employers of nurses
and physical therapists speak to qualified immigration attorneys to understand
these filings, as the regular labor certification process is not available to
these categories of professionals.
Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
PainfulGC123
Registered Users (C)
huxf said:
I am very sorry to know about your story. My Chinese friend's lawyer did something similar to what your lawyer did. He was very stubborn to take suggestions form educated clients and responded at the last minute without making changes to the ETA 750A...She was very afraid and had lot of mental anxiety thinking that the SWA may deny her case. But luckily for her, the SWA approved and moved the case to Philly BEC. She is still worried that Philly BEC may deny her case. She is currently waiting with patience. I consoled her by telling that we now have PERM published and that she should still not lose hope.
yours_sincerely
Registered Users (C)
I think publishing names might not be a bad idea
Huxf,
If you really want compensation for your miseries, publish the guy's name so that the hundreds or thousands of visitors who accidently hit this page know of what he/she has done and this takes that person's clientele away. I also checked on google by searching my user id: yours_sincerely and it does bring up the immigrationportal.com pages so anyone searching for this lawyer is gonna know about your misery. However, if you still deal with this lawyer in any way then don't publish it.
Huxf,
If you really want compensation for your miseries, publish the guy's name so that the hundreds or thousands of visitors who accidently hit this page know of what he/she has done and this takes that person's clientele away. I also checked on google by searching my user id: yours_sincerely and it does bring up the immigrationportal.com pages so anyone searching for this lawyer is gonna know about your misery. However, if you still deal with this lawyer in any way then don't publish it.
damn lawyer
I will put his name here but not now.
I have another application NIW pending in INS and in his hand. So i will let our fellows know who he is after that case was done.
mvinays, do you mean your chinese friend had the same problem about the salary? Level I salary but EB2 requirement? If that is the case, i guess she is in trouble. It looks like that SWA just kindof proofreading and forward whatever to regional DOL. But who knows.
At leatst her lawyer did respond.
I will put his name here but not now.
I have another application NIW pending in INS and in his hand. So i will let our fellows know who he is after that case was done.
mvinays, do you mean your chinese friend had the same problem about the salary? Level I salary but EB2 requirement? If that is the case, i guess she is in trouble. It looks like that SWA just kindof proofreading and forward whatever to regional DOL. But who knows.
At leatst her lawyer did respond.
antonioa77
Registered Users (C)
huxf said:
i have a question:
my RIR is still pending at SWA since 1 yr and no hope in the near future it seems to get it processed.
in form 750 ETA, the minimum requirement for eductation nd experience is MS with no experience, therefore it should be categorized as EB-2, but let's say the prevailing wage (in my state) for level 1 is 52000$, mine is 53000$, and level 2 is 69000$. do u think my wage will be a problem to be categorised under EB-2 ? and if so where do u think my wage should be approximately with MS and no experience?I'm a civil engineer
regards,
PainfulGC123
Registered Users (C)
huxf said:
No, she is in EB3. Her lawyer probably did a good job on that aspect. Although she had MS+2 yrs exp, he advised her to apply for "Engineering Technician" position on the LC because she was making very less (44K). He told her that this could help them avoid the prevailing wage / salary query for a EB2 position. I believe all LCs applied under EB2 (MS+0 or BS+5) must demonstrate that the salary is kind of high (probably 60K to 90+ K range). Unfortunately, she is now caught in the EB3 priority date retrogression while she is still waiting for her LC approval from Philly BEC.
45 days letter processed dpends on the boxes assigned and not on any PD
One thing I have realized after contacting so many people the 45 days letter is processed not on any PD,sort my last name first name or anything like that but based on the box assigned to the contractor who enters the data. Suck....
mvinays said:
One thing I have realized after contacting so many people the 45 days letter is processed not on any PD,sort my last name first name or anything like that but based on the box assigned to the contractor who enters the data. Suck....
PainfulGC123
Registered Users (C)
antonioa77 said:
SWA makes the prevailing wage determination. I do not know what your wage should be...Does your job title have "Senior" prefix? If yes, then it makes sense to ask for MS+0 on Item 14 ETA Form 750 with a higher salary. Whether your wage is high or low can be determined only by SWA. It does not matter what I feel regarding your wage being low or high. Also, the wage offered on your LC must be suitable for a "Senior" level position according to DOL/ SWA standards to go under EB2 if Item 14 is asking for MS+0 as a minimum requirement.
If SWA has a problem with your wage being low, then they will notify your lawyer (RFE/NOF) and then give your lawyer an opportunity to amend your application (within 45 days) by increasing the wage such that it is greater than whatever they determined as the prevailing wage for your job location (geographic area). Your employer will then need to agree to increase the wage and sign the amended LC application with a higher wage.
On the other hand, they may say that the position mentioned on your LC requires only BS since wages are low. Also, they may challenge the requirement in Item 14 by stating that MS+0 is "unduly restrictive" for US workers since it is a lower-wage level position if the don't find the "Senior" prefix on your job title. It all depends on what the reviewing officer feels at the SWA. Also, it depends on what wage that officer determines as prevailing wage for the job title mentioned on your LC application.
You can look up the prevailing wage for your state for "Civil engineer" position at the following URLs...
http://www.flcdatacenter.com/OesWizardStart.aspx
http://www.flcdatacenter.com/OesQuick.aspx
http://atlas.doleta.gov//foreign/wages.asp
http://www.flcdatacenter.com/owl.asp
http://www.flcdatacenter.com/skill.aspx
Also, see the attachment that I am uploading here...It explains DOL's guidance on Level I and Level II wages.
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antonioa77
Registered Users (C)
mvinays said:
thank you very much for ur extensive and helpful reply. well no section 14 of the eta 750 just say MS degree with no experience is needed, my title doesn't have in it senior engineer. no senior at all, I'm just at entry level but with ms. what do u think in this case?
Please recommend a good lawyer
We can understand that people usually reluctent to post bad lawyer's name. But we can still do thing to help others don't jump into the same bad guy by sharing good lawyers here. The more the people select good lawyer, the few the client goes to bad one.
My lawyer is OK but I dont' think he's good enough to be recommended. Anybody have a good name please post.
We can understand that people usually reluctent to post bad lawyer's name. But we can still do thing to help others don't jump into the same bad guy by sharing good lawyers here. The more the people select good lawyer, the few the client goes to bad one.
My lawyer is OK but I dont' think he's good enough to be recommended. Anybody have a good name please post.
PainfulGC123
Registered Users (C)
antonioa77 said:
In order to be qualified for EB2 category at the 140 stage, it is required that the job requires at least a MS+0 or in lieu of MS, BS+5 yrs of "progressive" experience should be acceptable. See link below:
EB2 equivalency memo...
http://www.immigrationlinks.com/news/news215.htm
I am not sure if SWA will make a big issue out of the mere absence of the word "senior" in the job title. They look at the job description / responsibilities too. If the job desc says that you will be providing guidance to junior engineers or will be in involved in quality control of other Engineers' work or you will be interfacing with clients to coordinate their needs, then it may sound like a senior engineer position (team leader) based on which they may let you have MS+0 under item 14. Else, SWA may say that the normal requiremnet for "Civil Engineer" (without senior title or supervising responsibilities) is a BS+2 yrs of exp and may then challege MS+0 under item 14.
I was exactly in the same position as you (I had MS+0 yrs exp when I joined my sponsoring employer). However, my company gave me the senior title after 1 yr of employment with them. So my lawyer used the "Sr. Title" in the LC since it was applied after I got the Sr title.
Also, there is another question on ETA form 750A which asks the employer to fill the number of people the alien will be supervising...What did your lawyer enter for that question? My lawyer entered 1 to 3 persons and this makes it a senior level position (something like a team leader and not a manager).
If your company is not very fussy about signing the ETA 750A form and mentioning the Sr. title on the form and if they can state that you will supervise a few persons, then it may sound more convincing for a EB2 case. Also, note that LC is applied by employers for a "future" permanent employment opportunity offered to the alien. It will therefore not matter whether you currently have a "senior" title or not. If an LC with senior title gets approved, and if one uses that LC to get the actual greencard, then the employer MUST give the alien the "senior" title and the specified salary on LC from the day of 485 approval.
antonioa77:
I am suprised that you are a Civil Engineer.
Because: ME TOO.
I hate to tell you this, but I think you must use Level 2 Prevailing wage. Looks like your case was very similar to mine. We asked for Min MS + 0 exp and was told that my salary didn't meet prevailing wage. The number from SWA was exactly from the the database Level 2.
Did you use a lawyer? If yes, then another damn stupid lawayer. ( maybe we got the same stupid guy?)
starting look for a now job and try PERM.
I am suprised that you are a Civil Engineer.
Because: ME TOO.
I hate to tell you this, but I think you must use Level 2 Prevailing wage. Looks like your case was very similar to mine. We asked for Min MS + 0 exp and was told that my salary didn't meet prevailing wage. The number from SWA was exactly from the the database Level 2.
Did you use a lawyer? If yes, then another damn stupid lawayer. ( maybe we got the same stupid guy?)
starting look for a now job and try PERM.
antonioa77 said: