Letter to Carlson - employer-remanded cases
From
xxxx
To
William L. Carlson, Ph.D.,
Chief, Division of Foreign Labor Certifications,
U.S. Department of Labor,
200 Constitution Avenue, NW., Room C-4318,
Washington, DC 20210.
Dear Sir,
Re: Employer-remanded case with San Francisco DOL – Case # xxxx
This bears reference to your memo dated 20th November, 2003 advising regional DOL offices to follow new guidelines in granting permanent Alien Labor Certifications. I would like to congratulate you on taking this historic and bold first step towards the backlog reduction at DOL offices. Your guidance will go a long way in establishing a fair process for labor certification in this country and at the same time go a long way in streamlining the hugely backlogged DOL regional offices throughout the country.
I work for XXXX Company and have been an employee of the company since xxxxx. My company applied for a permanent Alien Labor certification (ALC) on my behalf on xxxxx under the RIR category. At the time of applying for ALC under RIR, my company had followed the guidelines prevalent at that time and had established a pattern of recruitment for the 6-months prior to filing, as required under the RIR process. After having been wetted by the state EDD and by the regional DOL for the last xxxx years, the case was forwarded to my employer in xxxxx, after a lapse of nearly xxx years xx months, with the option of either re-advertising for the open position or the option of requesting the case be returned to EDD. The delay in the processing of RIR petitions and the changed business conditions left my employer with no-choice but to request remand of the case back to EDD for supervised recruitment, under non-RIR category. My company, at that time, did not have the benefit of your historical November memorandum.
I understand that as a direct result of your memorandum, the regional DOL office in San Francisco has recalled all the auto-remanded cases from EDD, that meet the criteria set forth by you and has been processing them as RIR cases, under the guidelines presented by you. However, those cases which were remanded to EDD by the employer are not being recalled.
My case, which otherwise clearly falls under the scope of your memorandum, continues to remain in the pipeline at EDD after nearly xxx years of filing under RIR category. It is very likely that there are large numbers of such employer-remanded cases are pending at EDD, which will continue to clog the system and cause further delay in processing of regular NON-RIR labor certification. My case also, which is otherwise certifiable as per your memo, is also contributing towards this end. It will ultimately result in costing additional dollars of the tax payers money and will be strain on the already thinly stretched DOL budget. Such a situation can clearly be avoided, with your leadership and guidance.
You could make an addendum to your November memo to include the category of employer-remanded cases, to be considered as RIR cases. This will go a long way in helping alleviate these backlogs and also help you manage the scarce monetary resources allocated to DOL. Moreover, you will be indirectly helping me and my family leads a better life and contribute better to the society that I live in. It will also help me in performing better in my job and motivate me towards contributing my best towards the robust growth of the US economy.
I sincerely request you instruct San Francisco DOL to recall my employer-remanded case back from EDD and give it the adequate consideration, as outlined in your November memorandum.
In the interest of improving efficiency of the Alien Labor certification process, in the interest of keeping the cost of Alien Labor certification at a reasonably low level and in the interests of establishing fairness in the system, I request you consider instructing all the regional offices of DOL to recall all employer-remanded cases back from EDD and subject them to your November guideline.
Hope that you will consider my request in a favorable manner. If you require further information, I can be reached on xxxxx.
Yours sincerely,
(XXXX)