Received Recruitment Instructions - DETAILS

[dc2000]

Hi everyone:


It has taken them roughly 4 years and 3 months of waiting time before DOL started processing my TR case. My employer informed me that he received the Recruitment Instructions letter. (I did not hire a lawyer and do everything myself.) I was preparing to start a TR-RIR conversion but luckily convinced my employer to call ETA and ask them if such is advisible. (Philadelphia BPC: (484) 270-1500, Dallas BPC: (214) 237-9111) Some nice lady called back and said no, they already started traditional recruitment. I was kind of disappointed and glad at the same time, knowing that soon I'll know the results. I WAS TIRED OF WAITING.

Here's a brief account of what we received in the RI letter.

First, they pointed out that my wage is much lower than current prevailing wage. When we filed ETA 750, it was $9.38 and now it is $17.25. They also applied Level 2 Wage "according to the Occupational Employment Statistics", which made it much higher. It meant only one thing - pay increase for me. My employer grudgingly agreed upon some conditions. So be aware of this difference if you're waiting for a long time for your labor to be processed. Check here: http://www.flcdatacenter.com/OesWizardStart.aspx

Secondly, they informed me that recruitment period in my case will begin on March 30 and will end on April 30. Thirty freaking days! Ow, I'm so desperate over it -- I thought it was a week or so. Of course someone will respond the ads for that time

Thirdly, they placed an ad with the America's Job Bank website. They informed us that it will go effective from 3/30/07 through 4/30/07 and gave me its order number. I went on and checked it now - a week before purported date of recruitment - and the ad is already up. To my dismay it contained only ETA's job requirements and had none of the ones added by my employer, nor any specified in the Item 15 of ETA 750. Moreover, education level was much lower.

(On the side note, my employer sent them the fax today requesting to update the AJB ad with additional recruitment requirements as stated in the original ETA 750A submitted 4 years ago. I will let you know if they reply.)

Fourthly, they instructed my employer to place an ad in a local newspaper. I later quote:

{QUOTE}
Place an ad as soon as possible in a newspaper of general circulation in the area of intended employment or an appropriate national journal in the next available publication. The content of the advertisement MUST include the same requirements which are listed on Part A of the Form ETA 750:
A. Item 9 - Job Title;
B. Item 11 - Work Schedule;
C. Item 12 - Rate of Pay;
D. Item 13 - Job Description;
E. Item 14 - Education, Training and Experience;
F. Item 15 - Special Requirements, if applicable;
G. Job Location - Refer to Item 6 for correct placement of advertisement in area of employment/work site location;
H. Training to be provided by the employer, if any (must be included if the employer normally provides any training for other job opportunities in that occupation);
I. Job applicants should be instructed to reference the AJB Job Order Number and the ETA Case Number in their replies and;
J. Must include AJB number and ETA Case Number for applicants to send resumes by fax or mail.

The employer MUST advertise the job opportunity for three consecutive days in a newspaper of general circulation in the area of intended employment, and it is recommended that one of the days be a Sunday. All newspaper advertisements must be placed in the next available issue. Failure to advertise during the recruitment period will lead to a cancellation of your case.

Resumes or letters of application from qualified applicants received in conjunction with the advertisement will be forwarded to the attorney/employer with the recruitment report instructions.

Notification of filing of an application for permanent alien labor certification must be posted internally at the employer's place of business OR employer must provide a copy to the bargaining representative(s) (if any). The posted notice must contain the same information as the mandatory ad, except, the applicant should be instructed to contact the employer directly.

6. The internal job posting MUST contain the following:
A. THIS NOTICE IS BEING POSTED BECAUSE AN APPLICATION FOR PERMANENT LABOR CERTIFICATION HAS BEEN FILED FOR [employer must enter complete job title]. ANY PERSON MAY PROVIDE DOCUMENTARY EVIDENCE BEARING ON THIS APPLICATION TO THE:
Ceritifying Officer
Employment & Training Administration
Division of Foreign Labor Certification
700 North Pearl St.
Suite 510
Dallas, TX 75201
B. Be posted in conspicuous place at employer's work location where all employees can see it;
C. Remain posted for at least 10 consecutive days. Employees and non-employees may apply.

Upon completion of the 30-day recruitment period, a Recruitment Report Instructions Letter will be issued. Any resumes received by the Backlog Elimination Center from qualified applicants in response to the ad and job order will be forwarded to the attorney of record, or employer if there is no attorney.

If you are no longer interested in pursuing this application, please mail or fax your intention to withdraw (see enclosed.)

[Withdrawl Letter sample fax follows]
{END QUOTE}

So, this is what we got. I thought it'd be of some use for people who are getting ready to start TR-RIR conversion. I wish I had all this info couple months ago. Oh well. Now it's a crap shoot for me in any case.

Any comments are welcome! Also if someone had the similar situation when BEC placed an ad with AJB that does not indicate all job requirements as put forth by employer, please let me know.

I'll keep my fingers crossed and will let you know the results in May.

 

[sws12]

dc2000,

I just got a copy of recruitment instructions from my employer, and I have a very similar situation to yours such as prevailing wage etc. What do you understand that "The required minimum recruitment period will begin on April 02, 2007 and will end on May 02, 2007" in my RI, does it mean an advertisement could be placed in a newspaper at any day during this period? Please share your point.

 

[dc2000]

Yes, you'll have to place your ad in a newspaper pretty soon exactly the way they stated in the RI. I'm still debating through which days to use: Fri+Sat+Sun; Sat+Sun+Mon; or Sun+Mon+Tue. Basically, which statistically gives us lower chances of people reading it?

The prevailing wage should be no less than the one stated in RI, otherwise don't even waste your money on the ad.

What do you understand that "The required minimum recruitment period will begin on April 02, 2007 and will end on May 02, 2007" in my RI

Well, it means that within that period DOL/ETA will collect all resumes from potential applicants that come from either AJB website, newspaper ad that you'll place and local in-office posting. They will then forward them all to your employer (or maybe lawyer, I'm not sure on this one) and they will have to interview them and make their decision if any of them (Americans ) qualify for the job you presently have. In the end, they will have to submit a recruitment report on efforts taken to employ any potential workers. If at least one is found eligible, this means... well, let's not think about the bad here

In other words it's a crap shoot now. So, lets keep our fingers crossed.

 

[sws12]

Thanks dc2000,

I would say Sunday+Monday+Tuesday would be good for an ad. But my employer will choose three days for mine anyway. It was tough to deal with boss on prevailing wage. After long time waiting, with RI received we seemed to move only ONE real step forward toward what we aim at.