Virginia SESA Tracker

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mvinays said:
Hello all,
I just got a call from my lawyer. My case was finally approved by Virginia SESA (VEC) and was forwarded to Philly DOL. My lawyer faxed me a copy of the letter from VEC. Here are the details.

Virginia SWA, RIR Case Number 03461***
Priority Date (VEC Receipt Date): April 24, 2003
SESA issued NOF on Sept 3, 2004
Deadline for lawyer's response: Oct 18, 2004
Lawyer responded to NOF on: Oct 15, 2004
VEC forwarded the case to Philly DOL on: Oct 29, 2004
Lawyer recieved letter from VEC on: Nov 1, 2004
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Vinay: Congrats. And thanks for all the follow up you did for us in this forum.

Navin
 
Lawyer?

mvinays said:
Hello all,
I just got a call from my lawyer. My case was finally approved by Virginia SESA (VEC) and was forwarded to Philly DOL. My lawyer faxed me a copy of the letter from VEC. Here are the details.

Virginia SWA, RIR Case Number 03461***
Priority Date (VEC Receipt Date): April 24, 2003
SESA issued NOF on Sept 3, 2004
Deadline for lawyer's response: Oct 18, 2004
Lawyer responded to NOF on: Oct 15, 2004
VEC forwarded the case to Philly DOL on: Oct 29, 2004
Lawyer recieved letter from VEC on: Nov 1, 2004
Click to expand...

Hi Can you please tell me who is your lawyer. I have to start my case all over again.
Thanks
 
labor_va said:
Hi,
Has anyone received an RFE on wage issues recently?. (salary is less than than the prevailing wages) from State. There are two options one for the employer to accept the conditions and the second option is to go for survey. Has anyone gone for survey and what was the result?
Thanks
Click to expand...

Question: I have a concern regarding wage determinations for Labor Certification. My attorney checked the OES (prevailing wages) for petitions I wanted to file on behalf of my employees. The prevailing wages are much higher than I expect to pay, and much higher than what similar employees are paid industry wide. Do I need to use the OES wage determination that the Department of Labor uses? What are my options?

Anu's Answer: OES determinations are one method of determining prevailing wages. You do have other options. Under a recently issued General Admission Letter (No. 100), OES wages are used to determine prevailing wages except that an employer may use a private survey provided the survey meets the seven criteria outlined in item J of GAL 2-98.

These seven criteria are as follows:
(i) The data must have been collected within 24 months.
(ii) If a published survey, the survey must have been published within 24 months.
(iii) The survey must reflect the area of intended employment.
(iv) The employer job description must adequately match the survey job description.
(v) The survey must be across industries that employ workers in the occupation.
(vi) The wage determination must be based on an arithmetic mean.
(vii) The survey must identify a statistically valid methodology that was used to collect the data.
Because there are many ways to categorize and calculate salaries, the Department of Labor makes available the option of using a private survey. If your attorney advises you, the employer, or if you elect to use a private survey, SESAs and regional offices should accept it and review it according to the seven criteria. If the alternative survey meets the seven criteria, it should be accepted.
Please note that you will be allowed to use this survey for the one Labor Certification (LC) that you have filed. It does not determine the new wage for that occupation in the given area. If you are filing another LC or if you are some other employer is filing a LC they will need to use either the OES wages or submit another survey for review. If the Department of Labor rejects one survey, you may submit a new survey.
If you decide to submit a new survey, there is no requirement that this survey should mirror the OES survey. You are allowed to have a survey that has different geographic regions or cross-references. Moreover, as long as the seven criteria (listed above) are met, there is no minimum sample size of the survey. The size and sample will depend upon the occupation, the area of intended employment, and the area surveyed. As long as the sample represents a sample of workers in the occupation in the area of intended employment, it should be valid.
Some private surveys will not differentiate types of positions within a given occupation. They will list engineers as software engineers, electronic engineers and mechanical engineers. Under current standards, it is permissible for an employer to submit such surveys. However, in such a situation, the survey should also not provide usable wage rates for specific occupational classification. For instance, if the job is that of a software engineer, a survey for "engineers" is acceptable if it does not include usable wage data for the specific occupation of software engineers. There is no requirement that a private survey include a cross sample of occupational types. There simply must be an adequate match of job duties, not a precise and exact match.
The survey is also not required to reflect the same exact geographical area as the OES survey. If your survey is limited to the area of intended employment, it meets the geographic requirement. If the survey is broader than the area of intended employment, you must establish that there were not sufficient workers in the area of intended employment. It is not wise to expand the area beyond that which is necessary to produce a representative sample.

SOURCE:
http://garamchai.com/legal.htm
 
Question

Hello everyone,

I am new to this forum and first of all I wanted to congratulate the administrator and all the participants for creating really a great place to share their immigration experiences.

I have also read a great deal about backlog reduction centers and national processing centers. Do we know how this is going to impact state and regional LC from VA/Phily in terms of timeline? I would really appreciate, if someone can share their insight and opinion about this. I understand that in immigration matters, nothing is for sure. But, even a ray of hope is what I am looking for.

LC-Non RIR applied: April 2003 (VA SWA)

Thanks in advance.
 
Effect of phasing out SWA's

My RIR labor has been filed from VA in OCT 1st week.

Due to the new rules that came out around OCT 25th will my case be
forwarded to NPC / BRC in Jan 05?

(or)

Will my case will be processed by SWA when ever it happens and then
sent to NPC / BRC? If this is the case wouldnt all the applications
that go to NPC / BRC from Jan 05 will be ahead of applications that
were made to SWA's now?

Thanks..
confused..
 
Once NOF (After Recruiting Process and Report submitted with SWA) is submitted with VA SWA in response to recruting efforts for Regular Labor Petition, in how much time can we expect to hear back from VA that they have approved and forwarded the petition with Regional DOL?
 
Any news on your case?

dcmetro22042, any update/news on your case? If there is, it can be good news for me also. as, mine was applied April 2003-regular Non-RIR LC, close to yours. I am asking this because of the question you raised.

Thanks in advance.
 
Well, my lawyer just filed the report to SWA on friday. Now I am looking forward to SWA forwarding the case to Regional soon. No news how much time that takes. Thats why I posted the question here.

What was interesting is that SWA sent recruiting instructions before the PD was reached for non-RIR application (I think).

In your case, has your lawyer received the recruiting instructions?
 
Re: Any news on your case?

dcmetro22042 said:
Well, my lawyer just filed the report to SWA on friday. Now I am looking forward to SWA forwarding the case to Regional soon. No news how much time that takes. Thats why I posted the question here.

What was interesting is that SWA sent recruiting instructions before the PD was reached for non-RIR application (I think).

In your case, has your lawyer received the recruiting instructions?
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I really appreciate your response and congrats to you. You must be excited like me because of this.

My lawyer hasn't received recruiting instructions from SWA yet. Do you think yours may well be a lucky case that got selected early? Did anyone else in this forum had their cases move recently? If someone can post updates, it would be a great help to me.

Thanks.
 
Ya, you're right. If this does not happen regularly, then I might be lucky. :) My company lawyers are pretty un-approachable as well since HR deals with them and I deal with HR only. Just ask your HR to ask them about the status of the case. You don't want to talk abt this a lot as we want the HR to get on to it as soon as they hear anything. Therefore good relations is the key.

Does your lawyers website offer a status update system of some kind. Mine does and i check that regularly. If I see some activity there, I ping the HR for more info. Dont bug them other than that...since its really the govt that slowing things down.

And thanks for your good words/wishes. Yes I am excited and crossing my fingers that SWA forwards to Regional pretty fast and am hoping that regional shows some movement as well. Best of luck to you too.
 
Request for Additional Info Received: 11/12/2004

I received Request for Additional Info as (as per email from my lawyer):
We received a request to make a technical correction on the Form ETA 750A. There is a box that says the experience is needed in a "related occupation." The DOL asked us to amend by writing a "2" for 2-years experience needed BOTH in the "related occupation" box (as it was) and the "job offered" box (added now) with an "OR" between (added now). Meaning, my company would take a person not only with experience in a related position, but also in the exact job, if such a candidate had appeared.

Is anybody having same experience? :confused:
 
kisanjadhav said:
I received Request for Additional Info as (as per email from my lawyer):
We received a request to make a technical correction on the Form ETA 750A. There is a box that says the experience is needed in a "related occupation." The DOL asked us to amend by writing a "2" for 2-years experience needed BOTH in the "related occupation" box (as it was) and the "job offered" box (added now) with an "OR" between (added now). Meaning, my company would take a person not only with experience in a related position, but also in the exact job, if such a candidate had appeared.

Is anybody having same experience? :confused:
Click to expand...

Kisan: I am not sure abt the answer. But I have a Q for you. Was your case regular or RIR? Once your lawyer filed the NOF (Recruiting Report) to SWA, in how much time did u hear back from them? Even regarding the above query, which means that they started processing your file.
 
A friend of mine had her RIR case filed on Aug 18, 2003 with Virginia SESA. On Nov 15, 2004 her lawyer received a request for additional info. from VA SESA. Don't know yet what they are asking for.
 
mvinays said:
A friend of mine had her RIR case filed on Aug 18, 2003 with Virginia SESA. On Nov 15, 2004 her lawyer received a request for additional info. from VA SESA. Don't know yet what they are asking for.
Click to expand...

Thanks Vinay. Anyone out there who can provide similar info on non-RIR case?
 
I appreciate your reply, my case is RIR and this is the first time I heard back about my case as above.

Date Opened: 08/23/2004
Applications Filed: 08/07/2003
Receipt Date: VA SWA 08/06/2003
Request for Additional Info Received: 11/12/2004
 
Thanks dude. I continue to search for someone whose case was non-RIR. Want to know the following:

Once the Recruiting Process is over and Recruiting Report is submitted with SWA for Regular Labor Petition, in how much time can we expect to hear back from VA that they have approved and forwarded the petition with Regional DOL?
 
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