Originally posted by gkmhan
KrishnaMK,
Thanks for your earlier reply to my message. That was really helpful.
However, I don't understand why you say we cant modify the requirements like MS+0 to MS+6months in my case.
I am attaching the memo text here
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The cases which were automatically remanded to the EDD this summer due to the issue of worker availability will be returned to DOL for reconsideration. However, Labor Certification Applications requiring only a BS degree and no experience will remain at EDD for regular processing. EDD is in the process of returning these remand cases to DOL. The estimated time frame is as follows: 1.Cases remanded in June 2003 will be returned by December 15, 2003; 2. Cases remanded between July 1-10, 2003 will be returned by January 1, 2004; and 3. Cases remanded after July 10, 2003 have not been logged in yet. These cases will be logged in and out at the same time and returned to DOL by April 2004. Department of Labor's New Guidelines for Processing RIR Cases. (11-29-2003) [Top] On November 20, 2003, the Department of Labor (DOL) issued new guidance with respect to processing RIR Labor Certification Applications. Currently, several Regional Offices have a significant backlog of RIR cases. The current labor market would normally require that a number of these cases be remanded (returned) to the State Workforce Agency for conventional recruitment. However in some regions the remanding of a large number of cases would create additional backlogs. To avoid additional backlogs in the light of the imminent implementation of PERM, the following guidelines have been developed. All RIR applications will be initially reviewed. Applications not meeting current requirements will be issued a Notice of Finding (NOF). Applications meeting current requirements will be further reviewed. Applications for positions requiring a Bachelor's Degree and three (3) or more years of experience OR a Master's Degree and six (6) months or more experience, assuming these requirements are appropriate, should be certified and not subject to retest provisions. Applications not meeting the above criteria will be reviewed further to determine if the level of recruitment and the details provided in the recruitment report satisfy the Certifying Officer. If recruitment efforts and documentation satisfy the Certifying Officer, then these applications should be certified. For any remaining applications, the following options will be made available to the employer: 1. Withdraw the RIR application; 2. Withdraw the RIR request and request that the case to be returned to the State Workforce Agency (Employment Development Department in California) for processing as a regular application with the originally filed priority date, unless requested otherwise. 3. Conduct a one-day "retest" of the labor market within 60 days of the date of the DOL letter. When additional recruitment is requested, DOL will permit employers to utilize advertisements placed within the past six (6) months. Thus, if an employer has retested the market within the past (6) months, it is not necessary for the employer to readvertise (retest). Employers who retest the market shall be permitted to make modifications to the application requirements, which do not change the occupational classification of the job opportunity at the original time of filing. Changes may include different job requirements or additional duties. However, any adjustments must meet DOL criteria and the acceptance of these changes will remain within the discretion of the respective Certifying Officer.
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It clearly says we can modify the job requirements also.
Thanks..
