San Francisco Regional DOL Tracker
- Thread starter usnycus
- Start date
worker_bee
Registered Users (C)
gp111 said:
Here's a subtle point about EB2/3 that I'm sure will get asked many times in the days ahead...
I'm told that the case will qualify as EB2 only the labor specifically required Master degree or equivalent (line 14 in the form ETA750). If the applicant does not have a masters degree, but has BS+5 years experience, this could be substitued for a master's degree.
However, if the Labor form did not require a master's degree, the case will not qualify for EB2 even if the Labor requires BS+ 5 years or more.
Does anyone has a view/knowledge which does not agree with this?
Any NOF/3 Option Letter
Recently we're talking a lot about the NPC and BEC, but as a matter of fact, S.F. office is still processing the cases received in march '03. Has anyone gotten NOF/3 option letter recently? It seems nobody got NOF now, does this mean the approval rate is over 90% above?
Recently we're talking a lot about the NPC and BEC, but as a matter of fact, S.F. office is still processing the cases received in march '03. Has anyone gotten NOF/3 option letter recently? It seems nobody got NOF now, does this mean the approval rate is over 90% above?
NIW applicant
Registered Users (C)
Guys,
Has the regional office in SFO been asking for a retest of the market...ie new ads? The original ads were done in 2001!!
Has the regional office in SFO been asking for a retest of the market...ie new ads? The original ads were done in 2001!!
Hi GP11,
With the new National Processing Center Plan (NPC), Are there plans to set up two Queues
1. Cases transferred to NPC from DOL.
2. Cases from SWA (New cases + Cases remanded back from DOL)
Besides are there also distinction between RIR and Non-RIR
What about the patterns of BRC (is that same as NPC).
What cases BRC going to Pick and what cases NPC Going to Pick.
Though this new plan seem to affect some peole including me, but atleast I am happy that it is going to help other people in long term esp. DOL remanded cases back to State.
.
I even think DOL cases go to NPC and SWA cases go to BRC.
With the new National Processing Center Plan (NPC), Are there plans to set up two Queues
1. Cases transferred to NPC from DOL.
2. Cases from SWA (New cases + Cases remanded back from DOL)
Besides are there also distinction between RIR and Non-RIR
What about the patterns of BRC (is that same as NPC).
What cases BRC going to Pick and what cases NPC Going to Pick.
Though this new plan seem to affect some peole including me, but atleast I am happy that it is going to help other people in long term esp. DOL remanded cases back to State.
.
I even think DOL cases go to NPC and SWA cases go to BRC.
Two interesting news from murthy.com
just pasting here.
Until PERM is published, the Atlanta and Chicago Centers will function as additional BECs. If PERM is not published, an alternate regulation will be required to eliminate the SWAs' intake of labor certification cases. The Atlanta and Chicago Centers will function as national processing centers.
New York and San Francisco Regional Offices:
The New York and San Francisco Regional Offices will not close until at least January 2006. These two offices will continue to process permanent labor certifications until that time. The DOL is working to integrate the computer systems of all offices into a uniform national software network.
just pasting here.
Until PERM is published, the Atlanta and Chicago Centers will function as additional BECs. If PERM is not published, an alternate regulation will be required to eliminate the SWAs' intake of labor certification cases. The Atlanta and Chicago Centers will function as national processing centers.
New York and San Francisco Regional Offices:
The New York and San Francisco Regional Offices will not close until at least January 2006. These two offices will continue to process permanent labor certifications until that time. The DOL is working to integrate the computer systems of all offices into a uniform national software network.
marlon2006
Registered Users (C)
lynnding said:
How many years experience required in the ETA 750 (BS+??) and what is the job description ?
I see that my ETA 750 required BS+1 year for systems administrator, WA and I am wondering if have any chance to go through this without a 3 option letter...
What is your receive date by S.F. office? I checked the cases on March 12, 2003, there are about total 50 cases with 39 approval, 1 remand to state, 1 withdrawal, rest 9 or 10 cases are still receive status which are more likely getting NOF. The approval rate is not bad, but the NOF/3 option letter is still releasing.
marlon2006 said:
I'm sorry to hear you got NOF, but if you choose re-test market, the chance of getting your case approved is very high (at least over 90%). Could you share some info. about your case? What are the education and work experience requirements on the Form 750A? Large company or small, location? Got assessment notice in the SESA (state level)?
lynnding said:
Thanks for the valuable inputs GP and Others. This is great community and is objective about the issues.
I am sure this has been discussed before... but I couldnt find in the SFO tracker after the Oct 21.
Given the current situation with BEC and NPCs(with or without PERM) , also on reading the original memo, it appears to my common sense that people who plan to apply for RIR or non-RIR in the next two months should wait till NPC opens. Bcos applying now would get you behind all the back log at BEC.
Is this line of thinking flawless, are there any downside. I know the priority date is very critical for the overall process eg. 485 etc. but does it still make sense to wait till jan 1 2005.
please provide your opinions
I am sure this has been discussed before... but I couldnt find in the SFO tracker after the Oct 21.
Given the current situation with BEC and NPCs(with or without PERM) , also on reading the original memo, it appears to my common sense that people who plan to apply for RIR or non-RIR in the next two months should wait till NPC opens. Bcos applying now would get you behind all the back log at BEC.
Is this line of thinking flawless, are there any downside. I know the priority date is very critical for the overall process eg. 485 etc. but does it still make sense to wait till jan 1 2005.
please provide your opinions
Added Confusion
DOL Transition Watch: DOL Provides More Insight
We recently received additional clarification, based on an October 8, 2004 meeting between key staff members of the U.S. Department of Labor (DOL) and members of the American Immigration Lawyer's Association (AILA). Additional information was also provided to AILA on October 15, 2004. These details shed more light on the DOLtransition plan.
DOL Vision for Uniform Processing Times and National Standards
The October 8, 2004 meeting included a tour of the new Backlog Elimination
Center (BEC) in Philadelphia. The DOL confirmed that the BECs have a new
software system in place to begin processing the backlogged cases. The DOL
shared its vision with AILA; to process all temporary (H2A, H2B) and permanent labor certification filings at the two national processing centers in Atlanta and Chicago that report directly to national headquarters. This vision includes the development of uniform national standards and processes.
Backlog Elimination Centers (BECs)
DOL understands that, before its long-term vision can be accomplished, the
backlog of 310,000 labor certification cases must be addressed. These are the cases that will be transferred and processed at the BECs in Philadelphia and Dallas within the next two years. To accomplish this goal, each BEC is staffed with 35-40 federal employees and approximately 100 contract workers. The contract workers will provide administrative support and the federal employees will adjudicate the cases. Recruitment efforts to fill the federal employee positions included notifying the State Workforce Agencies (SWAs) of the available positions. Dallas has completed more of its recruitment than Philadelphia.
Approximately 10,000 cases are in the Philadelphia BEC and contractors are in the process of entering data on the cases that were transferred from the Philadelphia Regional Office. Once the data is input, DOL will send Center Receipt Notification Letters (CRNL), expected to go to the employers having filed the labor certifications or to the attorneys of record on the cases. These letters will require response within 45 days to indicate the cases are still viable. If a response on a case is not received within 45 days it will be closed by the DOL, which has indicated that there will not be flexibility on this 45-day deadline.
The next batch of cases to be transferred to the BECs will be approximately 20,000 cases from the San Francisco Region (Region VI). The BECs will use a First-In / First-Out (FIFO) approach to all cases, meaning that the oldest cases will be processed first. A contractor has been hired specifically to determine which regions have the oldest cases and how to efficiently transfer these cases to the BECs. Though FIFO will be used for both RIR and traditional labor certification cases, they will each have a separate track. This means that an RIR processed under the FIFO system likely still will be processed faster than a traditional labor certification processed on a FIFO basis.
PERM / National Processing Centers
If and when PERM is implemented, the Atlanta and Chicago Centers will directly process cases. These PERM Centers, also referred to as the National Processing Centers (NPCs), are building an infrastructure for web-based filing. The Chicago Center is already in the midst of being established. Each Center is in the process of hiring approximately 50 primarily federal employees. DOL also has a curriculum prepared to train its new staff. Temporary processing (H2As and H2Bs) will be migrated to the two NPCs. The transfer is expected to be completed by the end of the year. DOL still expects the PERM regulation to be published by the end of 2004, but, as regular MurthyDotCom and MURTHYBULLETIN readers are aware, there is no guarantee that PERM will now be published.
Until PERM is published, the Atlanta and Chicago Centers will function as
additional BECs. If PERM is not published, an alternate regulation will be
required to eliminate the SWAs' intake of labor certification cases. The Atlanta and Chicago Centers will function as national processing centers.
New York and San Francisco Regional Offices
The New York and San Francisco Regional Offices will not close until at least January 2006. These two offices will continue to process permanent labor certifications until that time. The DOL is working to integrate the computer systems of all offices into a uniform national software network.
SWAs
The SWAs will finish processing cases that have already been opened for review and/or recruitment. All other cases will be eventually transferred to one of the DOL Centers. The DOL said that the Federal Register should have regulatory activity published regarding the SWAs before the end of the calendar year.
Conclusion
The last two years have brought major changes to the immigration landscape. The Immigration and Naturalization Service (INS) was abolished and replaced by the USCIS, ICE, and the CBP. Now, the DOL is restructuring its processes. Throughout these changes, MurthyDotCom and the MURTHYBULLETIN have provided you with useful information and analysis. We will continue to assess these changes and update you, our loyal readers.
© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
SOURCE:
http://www.murthy.com
DOL Transition Watch: DOL Provides More Insight
We recently received additional clarification, based on an October 8, 2004 meeting between key staff members of the U.S. Department of Labor (DOL) and members of the American Immigration Lawyer's Association (AILA). Additional information was also provided to AILA on October 15, 2004. These details shed more light on the DOLtransition plan.
DOL Vision for Uniform Processing Times and National Standards
The October 8, 2004 meeting included a tour of the new Backlog Elimination
Center (BEC) in Philadelphia. The DOL confirmed that the BECs have a new
software system in place to begin processing the backlogged cases. The DOL
shared its vision with AILA; to process all temporary (H2A, H2B) and permanent labor certification filings at the two national processing centers in Atlanta and Chicago that report directly to national headquarters. This vision includes the development of uniform national standards and processes.
Backlog Elimination Centers (BECs)
DOL understands that, before its long-term vision can be accomplished, the
backlog of 310,000 labor certification cases must be addressed. These are the cases that will be transferred and processed at the BECs in Philadelphia and Dallas within the next two years. To accomplish this goal, each BEC is staffed with 35-40 federal employees and approximately 100 contract workers. The contract workers will provide administrative support and the federal employees will adjudicate the cases. Recruitment efforts to fill the federal employee positions included notifying the State Workforce Agencies (SWAs) of the available positions. Dallas has completed more of its recruitment than Philadelphia.
Approximately 10,000 cases are in the Philadelphia BEC and contractors are in the process of entering data on the cases that were transferred from the Philadelphia Regional Office. Once the data is input, DOL will send Center Receipt Notification Letters (CRNL), expected to go to the employers having filed the labor certifications or to the attorneys of record on the cases. These letters will require response within 45 days to indicate the cases are still viable. If a response on a case is not received within 45 days it will be closed by the DOL, which has indicated that there will not be flexibility on this 45-day deadline.
The next batch of cases to be transferred to the BECs will be approximately 20,000 cases from the San Francisco Region (Region VI). The BECs will use a First-In / First-Out (FIFO) approach to all cases, meaning that the oldest cases will be processed first. A contractor has been hired specifically to determine which regions have the oldest cases and how to efficiently transfer these cases to the BECs. Though FIFO will be used for both RIR and traditional labor certification cases, they will each have a separate track. This means that an RIR processed under the FIFO system likely still will be processed faster than a traditional labor certification processed on a FIFO basis.
PERM / National Processing Centers
If and when PERM is implemented, the Atlanta and Chicago Centers will directly process cases. These PERM Centers, also referred to as the National Processing Centers (NPCs), are building an infrastructure for web-based filing. The Chicago Center is already in the midst of being established. Each Center is in the process of hiring approximately 50 primarily federal employees. DOL also has a curriculum prepared to train its new staff. Temporary processing (H2As and H2Bs) will be migrated to the two NPCs. The transfer is expected to be completed by the end of the year. DOL still expects the PERM regulation to be published by the end of 2004, but, as regular MurthyDotCom and MURTHYBULLETIN readers are aware, there is no guarantee that PERM will now be published.
Until PERM is published, the Atlanta and Chicago Centers will function as
additional BECs. If PERM is not published, an alternate regulation will be
required to eliminate the SWAs' intake of labor certification cases. The Atlanta and Chicago Centers will function as national processing centers.
New York and San Francisco Regional Offices
The New York and San Francisco Regional Offices will not close until at least January 2006. These two offices will continue to process permanent labor certifications until that time. The DOL is working to integrate the computer systems of all offices into a uniform national software network.
SWAs
The SWAs will finish processing cases that have already been opened for review and/or recruitment. All other cases will be eventually transferred to one of the DOL Centers. The DOL said that the Federal Register should have regulatory activity published regarding the SWAs before the end of the calendar year.
Conclusion
The last two years have brought major changes to the immigration landscape. The Immigration and Naturalization Service (INS) was abolished and replaced by the USCIS, ICE, and the CBP. Now, the DOL is restructuring its processes. Throughout these changes, MurthyDotCom and the MURTHYBULLETIN have provided you with useful information and analysis. We will continue to assess these changes and update you, our loyal readers.
© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
SOURCE:
http://www.murthy.com
sandeep0902
Registered Users (C)
Yes, it seems like if a case is filed in Jan 2005, it may directly go to NPC and get processed faster compared to the ones in 2004 which may go to BEC and have a load of backlogged cases filed in 2002 onwards before their turn comes in...
Again-This new system is yet to get functional.Nobody knows for certain for the pros and cons.It's all guesswork going on.We have to wait and watch.Remember- This is NO Silver bullet
Again-This new system is yet to get functional.Nobody knows for certain for the pros and cons.It's all guesswork going on.We have to wait and watch.Remember- This is NO Silver bullet
popoye said:
Does this mean..
1) Phily Cases will be processed before SF ? (words used "Next Batch")
2) 20000 Cases RIR or Non RIR or Both ?
3) 20000 Cases to which BEC, Phily or Dallas ?
4) SF DOL will continue to work till Jan 2006, what cases ? Backlogged ? New ? RIR / Non RIR ? from which date to which date ?
1) Phily Cases will be processed before SF ? (words used "Next Batch")
2) 20000 Cases RIR or Non RIR or Both ?
3) 20000 Cases to which BEC, Phily or Dallas ?
4) SF DOL will continue to work till Jan 2006, what cases ? Backlogged ? New ? RIR / Non RIR ? from which date to which date ?