Quick Question to Jim Mills

V

venky_k

Registered Users (C)
Hi Jim,

What is the impact of 245(i) cases on RIR processing cases in
NY SWA ( formerly SESA) and NY DOL ???

Most of the NY SWA RIR cases are filed 10 months ago and recruitment
pattern is established for 6 months before filing application at NY SWA.

When NY SWA start processing RIR applications, will it check application
w.r.t current labour market or w.r.t the labour market during the period
of 10 to 16 months earlier?

Thanks in advance.
 
The current situation will have some bearing

But it was supposed to be during the period that the postion was advertised. You asked a very good question and it seems to me that while officially the advertising was done prior to the filing, officials do consider the current job market and the likely availability of US workers (unofficially) when making their decisions. It just seems that they are slightly more strict in their evaluations of the advertising campains than they were a year or so ago.

 Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
Slow

Yes. RIR is running much more slowly due to 241(i) filings. I don\'t really think that there\'s much other effect. It takes DOL much longer to process the 245(i) cases because they were hastily filed and are often inadequate and sometimes completely frivolous. This is a big problem because it takes DOL much longer to deny a case than it does to approve one.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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