Retrogression and Labor Substitution

[blondhenge]

After reading countless posts and conducting a lot of research, this is my theory on the extreme retrogression from the October visa bulletin.

The DOL has been cleared to publish in the federal register the regulation for the elimination of labor substitution. It is anticipated that this will be completed by the end of 2005. Once that is done, labor substitution will be history (thankfully). Furthermore, the regulation stipulates that an approved LC must be filed with an I-140 within 45 days of approval.

In the meantime, priority dates are being held back prior to April 2001, which is when the vast majority of 245i cases were filed. Thus, none of these LC's, which will presumably start being approved shortly, will be allowed to file for I-140 and I-485, including those (likely most of them) that would have turned out to be LC substitution cases

Conveniently, this will take care of the huge 245i log-jam, since these employers will no longer be able to file using LC substitution and more likely than not, will not be able to file within the new 45 day limit with the original employee the LC was for--most of these employees were illegals and have likely moved on to other things.

After the 45 day period has passed, these LC's will expire and I then predict that life will return back to normal. I'm hoping by Spring of 2006, most of this headache will be resolved.

This is just my theory--feel free to comment.

 

[retro_unjust]

Blondhenge, correct me if I am wrong but those who have made use of Labor substitution will have immediately filed for their I-140s. Why would they be waiting till now ? Its my understanding that Labor Substitution works in cases where the Labor has already been approved and not pending right ? In that case your scenario may not be correct ! (though I pray it would or will work out to this outcome someway.)

After reading countless posts and conducting a lot of research, this is my theory on the extreme retrogression from the October visa bulletin.

The DOL has been cleared to publish in the federal register the regulation for the elimination of labor substitution. It is anticipated that this will be completed by the end of 2005. Once that is done, labor substitution will be history (thankfully). Furthermore, the regulation stipulates that an approved LC must be filed with an I-140 within 45 days of approval.

In the meantime, priority dates are being held back prior to April 2001, which is when the vast majority of 245i cases were filed. Thus, none of these LC's, which will presumably start being approved shortly, will be allowed to file for I-140 and I-485, including those (likely most of them) that would have turned out to be LC substitution cases

Conveniently, this will take care of the huge 245i log-jam, since these employers will no longer be able to file using LC substitution and more likely than not, will not be able to file within the new 45 day limit with the original employee the LC was for--most of these employees were illegals and have likely moved on to other things.

After the 45 day period has passed, these LC's will expire and I then predict that life will return back to normal. I'm hoping by Spring of 2006, most of this headache will be resolved.

This is just my theory--feel free to comment.

 

[Jackolantern]

There are numerous approved labors sitting idle with no employee attached to them any more, no I-140 filed for them yet, just waiting for somebody to come along and buy them on the black market. Those will go away once labor substition is banned.

 

[blondhenge]

Also, most of the 245i cases are still at the LC backlog centers. Once substitution is eliminated, I would estimate that at least 75% of those LC's will also be invalidated since the employees will have moved on to other things.

Why else would they put the priority date back to March 2001--the 245i cases are generally April 2001. By holding the dates further back, it stops the 245i cases from being filed--primarily by labor substitution based on our predictions.

Once LC substituion is gone--poof--most of 245i has vanished and the problem is solved.

There are numerous approved labors sitting idle with no employee attached to them any more, no I-140 filed for them yet, just waiting for somebody to come along and buy them on the black market. Those will go away once labor substition is banned.