San Francisco Regional DOL Tracker - Old (Archived on 09/23/2004)
- Thread starter gp111
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CA dol
my lc is with a recieved date of december 9th 2002.
my RIR was filed with MS plus 3 years experience.
we have lot of info in this forum about guidelines but we have not heard of any approvals after the guide lines have been published.
i guess we have to wait and see and keep track of approvals.
does any one here exactly know whether CA DOL has started processing LC apps agian , if so what is the curent processing date.
they seem to be in 11/2002 for a long time. hope that date moves . good luck to every one in this forum waiting to hear from DOL.
my lc is with a recieved date of december 9th 2002.
my RIR was filed with MS plus 3 years experience.
we have lot of info in this forum about guidelines but we have not heard of any approvals after the guide lines have been published.
i guess we have to wait and see and keep track of approvals.
does any one here exactly know whether CA DOL has started processing LC apps agian , if so what is the curent processing date.
they seem to be in 11/2002 for a long time. hope that date moves . good luck to every one in this forum waiting to hear from DOL.
hara_kagaz
Registered Users (C)
AVM SAYS certified but lawyers have not received letter from DOL
worldmonitor_1,
Hey I had a look at your posting today .
I am also in the same boat .AVM say's certified on 4th November,but lawyers have still not received any intimation from DOL .
If you happen to get some information.Please keep all of us posted .
I will do the same .
H_K
worldmonitor_1,
Hey I had a look at your posting today .
I am also in the same boat .AVM say's certified on 4th November,but lawyers have still not received any intimation from DOL .
If you happen to get some information.Please keep all of us posted .
I will do the same .
H_K
worldmonitor_1
Registered Users (C)
hara_kagaz
Hi Hara,
My status is now changed to "Returned to DOL after remand".
My status was certified for whole of the last week. This week it is changed back to "Returned to DOL after remand".
ALong with me I "dreamin" also got the status as certified alst week. This week he got papers and his status remain as certified.
But for me its changed back to old status. So I assumed that Mine was an error in the first palce and they corrected the mistake.
Let me know your DOT code. if it ends with 031.. then you are in the same boat as me. Otherwise you may get papers any time next week. Also let me know your priority date and DOL Recv date.
Mine was 09/2001 and 08/2002.
Anycase, Let me know your email ID so that I can send you a personal mail.
Thanks
World
Hi Hara,
My status is now changed to "Returned to DOL after remand".
My status was certified for whole of the last week. This week it is changed back to "Returned to DOL after remand".
ALong with me I "dreamin" also got the status as certified alst week. This week he got papers and his status remain as certified.
But for me its changed back to old status. So I assumed that Mine was an error in the first palce and they corrected the mistake.
Let me know your DOT code. if it ends with 031.. then you are in the same boat as me. Otherwise you may get papers any time next week. Also let me know your priority date and DOL Recv date.
Mine was 09/2001 and 08/2002.
Anycase, Let me know your email ID so that I can send you a personal mail.
Thanks
World
ishturkish
Registered Users (C)
AVM says certified!
My case details:
First sent to SESA - october 2001
Received in DOL - September -27 2002
Remanded to State august 2003
Lawyer sent a letter to DOL to reconsider, and we got a reply to retest the market. An Ad was run, and no suitable applicants were found. Case sent back to DOL.
Certified according to AVM on November 19th 2003
DOT code is 999.151-032.
Company is a mid sized software company in The Silicon Valley, with some layoffs since the filing (none in the past 6 months though).
I hope the case status doesn't change...
Thanks for everyone who has shared any information they may have, good luck on all your LC's and the rest of this tedious process!
My case details:
First sent to SESA - october 2001
Received in DOL - September -27 2002
Remanded to State august 2003
Lawyer sent a letter to DOL to reconsider, and we got a reply to retest the market. An Ad was run, and no suitable applicants were found. Case sent back to DOL.
Certified according to AVM on November 19th 2003
DOT code is 999.151-032.
Company is a mid sized software company in The Silicon Valley, with some layoffs since the filing (none in the past 6 months though).
I hope the case status doesn't change...
Thanks for everyone who has shared any information they may have, good luck on all your LC's and the rest of this tedious process!
worldmonitor_1
Registered Users (C)
ishturkish
ishturkish, Can you check today and let us know.
My status was certified on 19th but today, its "Returned to DOL after Remand".
Thanks
World
ishturkish, Can you check today and let us know.
My status was certified on 19th but today, its "Returned to DOL after Remand".
Thanks
World
Re: AVM says certified!
ishturish,
Could you let us know your job requirement? Thanks.
ishturish,
Could you let us know your job requirement? Thanks.
Originally posted by ishturkish
My case details:
First sent to SESA - october 2001
Received in DOL - September -27 2002
Remanded to State august 2003
Lawyer sent a letter to DOL to reconsider, and we got a reply to retest the market. An Ad was run, and no suitable applicants were found. Case sent back to DOL.
Certified according to AVM on November 19th 2003
DOT code is 999.151-032.
Company is a mid sized software company in The Silicon Valley, with some layoffs since the filing (none in the past 6 months though).
I hope the case status doesn't change...
Thanks for everyone who has shared any information they may have, good luck on all your LC's and the rest of this tedious process!
DOL Issues Memo to Regional Offices on “Auto Remands”
Substance of the Memo
The U.S. Department of Labor (DOL) issued a memorandum on 11/20/03 to its regional offices providing procedural guidance on the processing of alien employment certifications (AECs) filed under RIR (Reduction in Recruitment). The memorandum was drafted to address the mounting backlog of cases at the State Workforce Agencies (SWA) and the inconsistent adjudication of cases by the regional offices.
Over the last six months, some regional offices (in particular Region VI, the region which has jurisdiction over worksites in California) have automatically remanded pending RIR applications for high tech occupations to the SWAs for supervised recruitment, without giving employers the opportunity to address any alleged deficiencies in their pattern of recruitment. Previously, DOL had issued “60 day letters” giving employers the opportunity to retest the labor market or to request remand to the SWAs. As a result of these automatic remands, many of the SWAs received a large number of RIR applications and their backlogs increased dramatically.
1. The “policy guidance” issued standard operating procedures for the following issues:
”Initial Review Provision”. According to the memo, “All RIR applications must be reviewed based upon existing criteria for completeness of the application, demonstration of a pattern of recruitment and compliance with applicable regulations such as absence of restrictive requirements, layoffs by the requesting employer that have not been adequately addressed, etc”. This validates DOL’s current process for issuing Notice of Findings (NOF) on RIR applications.
If an application has satisfied the “completeness/compliance requirements”, the regional office shall adhere to the following guidelines:
If, according to the minimum requirements listed on the Form ETA 750 Part A, either a Bachelor’s degree and 3 or more years of experience, or a Master’s degree and 6 months of experience are required for the position, these applications should be approved, and there is no need for the market to be re-tested.
If the minimum requirements fall short of those listed above, the regional office should approve the alien employment certification if “the level of recruitment and the detail provided in the recruitment report satisfy the Certifying Officer such that further recruitment is unnecessary”.
2. Retest Provision
For the remaining cases, the regional DOL offices are instructed to advise employers of the following options:
Withdraw the application.
Withdraw the request for RIR and have the case remanded back to the SWA and placed in the SWA queue based on the application’s priority date. Alternatively, if the employer wishes, the case can be put in the queue based on the (later) remand date.
One day retest of the U.S. labor market. The employer may elect to place a “one-day” ad in the newspaper to retest the U.S. labor market. The employer will be required to provide a detailed report of the recruitment results, which must include “the disposition of all applicants for the position”. Although not required, employers are “encouraged” to provide copies of the resumes to the DOL. When doing the retest, the employer will be allowed to “look back” to recent prior recruitment, and use advertisements placed in the last 6 months to satisfy the retest requirement. Previously, DOL permitted employers to utilize only those advertisement placed within the last 60 days. The new “look back” provision expands this to six months.
An important new development with respect to the retest is that the DOL memorandum includes an “Application Modification Provision”. This allows employers to change the requirements in the applications as long as the changes do not “change the occupational classification of the job opportunity at the original time of filing”. This is very important for employers; when many of these alien employment certifications were filed in the high tech boom, the SWAs encouraged employers to reduce the requirements so that the cases would be adjudicated quickly and favorably. However, it is clear that many of the requirements may not have been realistic and, before doing the “retest”, employers now have the opportunity to change the requirements and/or job description as long as the changes do not alter the position and do not exceed the DOL guidelines governing minimum requirements. If DOL determines that the position requirements have been modified in such as a way that they are not in compliance with the regulations, DOL will issue a NOF and not provide the employer the opportunity to retest the U.S. labor market.
3. The Timetable Set by SWA in California
In response to the DOL memorandum, the SWA in California (Employment Development Department) has indicated that DOL in San Francisco is recalling all cases that had been remanded to EDD on the grounds of worker availability. The only applications not being sent back to DOL are those that only require a BS and 0 years of experience. EDD is in the process of sending the files back to DOL and has provided the following schedule:
· Cases remanded to EDD on or before June 2003 will be returned to DOL by December 15, 2003.
· Cases remanded to EDD between July 1 to July 10, 2003 will all be returned to DOL by January 1, 2004.
· Cases remanded to EDD after July 10, 2003 have not been logged in yet. Therefore, EDD cannot even advise us if they have the case or not. These cases will be logged in and out at the same time and EDD anticipates that it will return these cases back to DOL no later than April 1, 2004.
4. What Action Is Required At This Time?
According to EDD, we cannot request that a file be remanded back to DOL. Moreover, it is not necessary because EDD is returning many of these files to DOL pursuant to DOL’s request. EDD has indicated that it will not send a transmittal notice when these cases are transferred back to DOL. Therefore, we will not be aware of the transfers until we receive further communication from DOL pursuant to the instructions contained in this policy guidance memo. Based on the thousands of cases which are affected, it will take EDD some time to transfer these files and it will take DOL even more time to review them for appropriate action. Further, it is foreseeable that the DOL processing times on RIR cases will continue to retrogress at least during the period of time when RIR applications are being returned in large numbers.
Jackson & Hertogs will monitor the situation closely and advise our clients promptly in the event of any DOL action on their cases.
http://www.jackson-hertogs.com
Substance of the Memo
The U.S. Department of Labor (DOL) issued a memorandum on 11/20/03 to its regional offices providing procedural guidance on the processing of alien employment certifications (AECs) filed under RIR (Reduction in Recruitment). The memorandum was drafted to address the mounting backlog of cases at the State Workforce Agencies (SWA) and the inconsistent adjudication of cases by the regional offices.
Over the last six months, some regional offices (in particular Region VI, the region which has jurisdiction over worksites in California) have automatically remanded pending RIR applications for high tech occupations to the SWAs for supervised recruitment, without giving employers the opportunity to address any alleged deficiencies in their pattern of recruitment. Previously, DOL had issued “60 day letters” giving employers the opportunity to retest the labor market or to request remand to the SWAs. As a result of these automatic remands, many of the SWAs received a large number of RIR applications and their backlogs increased dramatically.
1. The “policy guidance” issued standard operating procedures for the following issues:
”Initial Review Provision”. According to the memo, “All RIR applications must be reviewed based upon existing criteria for completeness of the application, demonstration of a pattern of recruitment and compliance with applicable regulations such as absence of restrictive requirements, layoffs by the requesting employer that have not been adequately addressed, etc”. This validates DOL’s current process for issuing Notice of Findings (NOF) on RIR applications.
If an application has satisfied the “completeness/compliance requirements”, the regional office shall adhere to the following guidelines:
If, according to the minimum requirements listed on the Form ETA 750 Part A, either a Bachelor’s degree and 3 or more years of experience, or a Master’s degree and 6 months of experience are required for the position, these applications should be approved, and there is no need for the market to be re-tested.
If the minimum requirements fall short of those listed above, the regional office should approve the alien employment certification if “the level of recruitment and the detail provided in the recruitment report satisfy the Certifying Officer such that further recruitment is unnecessary”.
2. Retest Provision
For the remaining cases, the regional DOL offices are instructed to advise employers of the following options:
Withdraw the application.
Withdraw the request for RIR and have the case remanded back to the SWA and placed in the SWA queue based on the application’s priority date. Alternatively, if the employer wishes, the case can be put in the queue based on the (later) remand date.
One day retest of the U.S. labor market. The employer may elect to place a “one-day” ad in the newspaper to retest the U.S. labor market. The employer will be required to provide a detailed report of the recruitment results, which must include “the disposition of all applicants for the position”. Although not required, employers are “encouraged” to provide copies of the resumes to the DOL. When doing the retest, the employer will be allowed to “look back” to recent prior recruitment, and use advertisements placed in the last 6 months to satisfy the retest requirement. Previously, DOL permitted employers to utilize only those advertisement placed within the last 60 days. The new “look back” provision expands this to six months.
An important new development with respect to the retest is that the DOL memorandum includes an “Application Modification Provision”. This allows employers to change the requirements in the applications as long as the changes do not “change the occupational classification of the job opportunity at the original time of filing”. This is very important for employers; when many of these alien employment certifications were filed in the high tech boom, the SWAs encouraged employers to reduce the requirements so that the cases would be adjudicated quickly and favorably. However, it is clear that many of the requirements may not have been realistic and, before doing the “retest”, employers now have the opportunity to change the requirements and/or job description as long as the changes do not alter the position and do not exceed the DOL guidelines governing minimum requirements. If DOL determines that the position requirements have been modified in such as a way that they are not in compliance with the regulations, DOL will issue a NOF and not provide the employer the opportunity to retest the U.S. labor market.
3. The Timetable Set by SWA in California
In response to the DOL memorandum, the SWA in California (Employment Development Department) has indicated that DOL in San Francisco is recalling all cases that had been remanded to EDD on the grounds of worker availability. The only applications not being sent back to DOL are those that only require a BS and 0 years of experience. EDD is in the process of sending the files back to DOL and has provided the following schedule:
· Cases remanded to EDD on or before June 2003 will be returned to DOL by December 15, 2003.
· Cases remanded to EDD between July 1 to July 10, 2003 will all be returned to DOL by January 1, 2004.
· Cases remanded to EDD after July 10, 2003 have not been logged in yet. Therefore, EDD cannot even advise us if they have the case or not. These cases will be logged in and out at the same time and EDD anticipates that it will return these cases back to DOL no later than April 1, 2004.
4. What Action Is Required At This Time?
According to EDD, we cannot request that a file be remanded back to DOL. Moreover, it is not necessary because EDD is returning many of these files to DOL pursuant to DOL’s request. EDD has indicated that it will not send a transmittal notice when these cases are transferred back to DOL. Therefore, we will not be aware of the transfers until we receive further communication from DOL pursuant to the instructions contained in this policy guidance memo. Based on the thousands of cases which are affected, it will take EDD some time to transfer these files and it will take DOL even more time to review them for appropriate action. Further, it is foreseeable that the DOL processing times on RIR cases will continue to retrogress at least during the period of time when RIR applications are being returned in large numbers.
Jackson & Hertogs will monitor the situation closely and advise our clients promptly in the event of any DOL action on their cases.
http://www.jackson-hertogs.com
waiting forLC
Registered Users (C)
Three options- Remanded cases
I asked my attorney about my case, which was remanded after getting three options letter. My company didn't respond to the letter and it got remanded after 60 days to EDD. The following is her reply:
==============================
As you know, DOL has finally released its guidance on RIR Labor Certifications. The guidance indicates that applications with positions that required at least a Bachelor's degree and three years experience or a Master's degree and six months experience will be certified. Other cases will be remanded to the state level for supervised recruitment at a later date unless a retest of the labor market can be done immediately to show the unavailability of U.S. workers. Your case was filed with a Bachelor's Degree requirement and five years of experience.
We are now working with your company to make an assessment and plan for the pending cases, including your case, taking into consideration the large volume of pending your company's LC cases in order to be consistent and beneficial to the company as a whole. Our plans will include the return of cases that are at the state level that are eligible for certification to DOL, although we expect the large number of cases to cause some delay.
We are working closely with your HR on this.
=============================
I asked my attorney about my case, which was remanded after getting three options letter. My company didn't respond to the letter and it got remanded after 60 days to EDD. The following is her reply:
==============================
As you know, DOL has finally released its guidance on RIR Labor Certifications. The guidance indicates that applications with positions that required at least a Bachelor's degree and three years experience or a Master's degree and six months experience will be certified. Other cases will be remanded to the state level for supervised recruitment at a later date unless a retest of the labor market can be done immediately to show the unavailability of U.S. workers. Your case was filed with a Bachelor's Degree requirement and five years of experience.
We are now working with your company to make an assessment and plan for the pending cases, including your case, taking into consideration the large volume of pending your company's LC cases in order to be consistent and beneficial to the company as a whole. Our plans will include the return of cases that are at the state level that are eligible for certification to DOL, although we expect the large number of cases to cause some delay.
We are working closely with your HR on this.
=============================
Question about Master degree + experience
HI, All,
I have a question about the requirement of Master degree + 6 Months experience. Does that mean the 6 months plus experience must be gained after obtaining the Master degree? Does the experience gained before or during pursuing Master degree count? For example experience of internship during graduate school.
Thanks,
lxx2003
HI, All,
I have a question about the requirement of Master degree + 6 Months experience. Does that mean the 6 months plus experience must be gained after obtaining the Master degree? Does the experience gained before or during pursuing Master degree count? For example experience of internship during graduate school.
Thanks,
lxx2003
Re: Three options- Remanded cases
Hello waiting forLC,
I am also in the same boat. I got an NOF and is remanded to state. Do our lawyers need to explicitly ask DOL to pull back our LC or is it automatically done by the DOL.
Please keep us posted after your case and i will do the same.
Hello waiting forLC,
I am also in the same boat. I got an NOF and is remanded to state. Do our lawyers need to explicitly ask DOL to pull back our LC or is it automatically done by the DOL.
Please keep us posted after your case and i will do the same.
Another source of info I provided earliar:
http://www.usabal.com/news/2003/03Nov25.html
November 25, 2003 - The State Workforce Agency (SWA) for California (EDD) today announced that DOL is recalling all cases that were formerly "mass-remanded" to EDD due to "U. S. worker availability," with the exception of those that only require a BS and zero years of experience (which will remain at EDD for supervised recruitment). EDD is in the process of sending these previously remanded cases back to DOL for reconsideration.
EDD estimates that cases remanded in June 2003 will all be returned to DOL by as early as mid-December. Cases remanded between July 1-10, 2003, will all be returned to DOL by as early as the beginning of January. Cases remanded after July 10th have not been logged in yet; EDD hopes to have all of them back to DOL no later than April.
EDD has requested that attorneys and applicants NOT call to inquire about specific cases (except in unusual circumstances), as this will only cause further delays in sending the cases back to DOL for reconsideration.
http://www.usabal.com/news/2003/03Nov25.html
November 25, 2003 - The State Workforce Agency (SWA) for California (EDD) today announced that DOL is recalling all cases that were formerly "mass-remanded" to EDD due to "U. S. worker availability," with the exception of those that only require a BS and zero years of experience (which will remain at EDD for supervised recruitment). EDD is in the process of sending these previously remanded cases back to DOL for reconsideration.
EDD estimates that cases remanded in June 2003 will all be returned to DOL by as early as mid-December. Cases remanded between July 1-10, 2003, will all be returned to DOL by as early as the beginning of January. Cases remanded after July 10th have not been logged in yet; EDD hopes to have all of them back to DOL no later than April.
EDD has requested that attorneys and applicants NOT call to inquire about specific cases (except in unusual circumstances), as this will only cause further delays in sending the cases back to DOL for reconsideration.
I'm not a lawyer
Memo clearly states that BS+0 years is the only exception. MS+0 years according to what I see has to be returned for reconsideration. Trying to do anything about any remanded case now seems to be useless anyway. But again this is my personal opinion.
Memo clearly states that BS+0 years is the only exception. MS+0 years according to what I see has to be returned for reconsideration. Trying to do anything about any remanded case now seems to be useless anyway. But again this is my personal opinion.
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