Virginia SESA Tracker

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Re: where did you hear this?

The PERM regulation has been published on multiple sites hosted by different attorneys. Check www.murthy.com

Or if you cannot find it..check this out( posted from www.fragomen.com)

April 25, 2002 – FDB&L has received word that the proposed rule on the PERM (Program Electronic Review Management System) program may be published as early as next week. The PERM system would replace the current labor certification program with an attestation and audit approach, ostensibly to allow for the quick certification of permanent employment cases. As previously reported, the rule, "Labor Certification Process for the Permanent Employment of Aliens in the United States: Implementation of the New System," cleared the Office of Management and Budget in February 2002.

A comment period will follow publication and it may be several months before a new program is actually implemented.

Prior to filing the labor certification application, the employer would conduct recruitment using sources normal to the occupation and industry during the six-month period prior to filing the application. Unlike the current process, where cases are initially filed with state offices, applications would be filed directly with a DOL processing center. Upon receipt, a DOL computer system would perform an initial check to confirm the form\'s machine readability and/or to confirm that the form and prevailing wage information are present in the application; it would not be necessary to submit documentation of recruitment efforts. A computer would check the application based on several criteria or "flags." If the computer approved the application, it would be certified and returned to the employer. DOL estimates that the process would take about three weeks. If the computer finds a problem, the application would be sent to an officer for auditing.

In addition, as a quality control measure, a DOL officer would randomly select some applications for audit. The audit process may include a request for additional documentation, after which the certifying officer could certify or deny the application or call for supervised recruitment. In the past, the idea of a $1000 filing fee has been floated.

A welcome provision expected in the proposed rule would allow employers to convert already-filed labor certification applications to the PERM system without losing the established priority date.

Immigration experts who had an opportunity to review a draft of the rule expressed displeasure about a number of provisions included that were apparently unexpected. Such provisions include more stringent exacting requirements for recruitment, and a less flexible approach in terms of how employers may craft job requirements and allow existing nonimmigrant workers to utilize on-the-job experience to qualify for positions. Other restrictive provisions also are apparently present in the proposed rule. We will provide a full analysis of the rule once it is published in the Federal Register.
 
So inactive

Hi guys:

It seems that we are so inactive. Everybody likes to choose to be quiet to wait for long long time. I would like to say that the immigration laws have so many problems and so inefficiency not because of law-makers(they might not know us very well) but mainly because of ours (We don\'t give them lots of chances to let them know us. They give us chances to feeback but we don\'t or give up).
 
Let us sign this letter and send to SWA

I agree. Lobbying IMHO is very important (whether we succeed or not). Let us get this letter signed and send that to the state agency.

What say U guys?
 
Absolutely agree

I already wrote CGI which can be signed and sent online. The only thing needed is that someone draft a formal letter (should be well-written, be polite, resonable), and the email address where the formal letter should send to). I posted those a week ago but no responses. I guess that this is my last time to do so. We need lots of people to be involved in. a few of people can\'t help. My recept date is May 2nd, 2001. I am not that hungry but like to help using part of time.
 
draft from waiting_guy

The one that some body posted a few days back:

We were a bit concerned regarding the Labor Certification at the VA SWA. VA DOL policy on processing the RIR and then the Non-RIR for each month seems a bit unfair in the light of large amount of filling in the month of April for non-RIR due to the deadline for 245(i)(illegal immigrants). Many of the legal immigrants whose application has been pending for a year in the SWA now have a time limit till which they can get their H-1B visa extented. Considering the above mentions reasons SWA should not stop the RIR processing to start the non-RIR processing. We feel as we are Tax paying legal workers VA SWA should re address their policy on the matter and continue with the RIR processing just like the other states (California, New York, Texas etc...)

This draft seems to be good. Any suggestions from other people???

Do we have the email-id for the directory or whoever in SWA who should receive this? I am not sure if e-mail alone would be sufficient as it is easy for the person to ignore that. Any suggestions?
 
Another Draft of the letter

Dear Sir/Madam,

     As the Law abiding tax paying residents of Virginia state we would like to bring your attention to two matters regarding the Labor Certification for permanent worker in the state of VA.

 Virginia is still processing the applications received in the month of April last year where as many other states like California, Colorado and Texas have moved beyond it.

Also the procedure of processing RIR and then NON-RIR for each month in Virginia seems a bit unfair on the RIR applicants seeing how for each of the RIR application the employers have spent 6 months of recruitment efforts already. Hence, the RIR applications should be given priority and the processing of these applications should not be delayed due to the NON-RIR application processing. Many other states have continued to process the RIR applications after the month of April even though the NON-RIR applications have not been finished. Virginia should also try to implement similar regulation. As April being the deadline for the 245(i) application filling there have been a huge amount of NON-RIR applications filled in the month and it would amount to huge delays in the RIR application.

We would really appreciate your attention to the matter and a new directive on the RIR application processing.

                Thanking you
                    Yours Sincerely

                     
                         signature will follow below
 
Do it

Second letter looks more reasonable. So do it and let every body know where to sign it. and then send it by email as well as by regular mail to avoid ignoring it.
 
PERM rule

SUMMARY: The Department of Labor is proposing to amend its regulations
governing the filing and processing of labor certification applications
for the permanent employment of aliens in the United States to
implement a new system for filing and processing such applications. The
proposed rule would also amend the regulations governing the employer\'s
wage obligation under the H-1B program. The new system would require
employers to conduct recruitment before filing their applications
directly with an ETA application processing center on application forms
designed for automated screening and processing. State Workforce
Agencies (SWA\'s) would provide prevailing wage determinations to
employers. Employers would be required to place a job order with the
SWA which would be processed the same as any other job order placed by
employers. SWA\'s would no longer be the intake point for submission of
applications and would not be involved in processing the applications
as they are now in the present system. The combination of prefiling
recruitment, automated processing of applications, and elimination of
the role of the SWA\'s in the processing of applications will yield a
large reduction in the average time needed to process labor
certification applications and are expected to eliminate the need to
periodically institute special, resource intensive efforts to reduce
backlogs which have been a recurring problem.

DATES: Interested persons are invited to submit written comments on the
proposed rule on or before July 5, 2002.

ADDRESSES: Submit written comments to the Assistant Secretary for
Employment and Training, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room C-4318, Washington, DC 20210, Attention: Dale
Ziegler, Chief, Division of Foreign Labor Certifications.

FOR FURTHER INFORMATION CONTACT: Denis M. Gruskin, Senior Specialist,
Division of Foreign Labor Certifications, Employment and Training
Administration, 200 Constitution Avenue, NW., Room C-4318, Washington,
DC 20210. Telephone: (202) 693-2953 (this is not a toll free number).
 
This seems to be really nice one... Where to proceed from here???

Dear Sir/Madam,
As the Law abiding tax paying residents of Virginia state we would like to bring your attention to two matters regarding the Labor Certification for permanent worker in the state of VA.

Virginia is still processing the applications received in the month of April last year where as many other states like California, Colorado and Texas have moved beyond it.

Also the procedure of processing RIR and then NON-RIR for each month in Virginia seems a bit unfair on the RIR applicants seeing how for each of the RIR application the employers have spent 6 months of recruitment efforts already. Hence, the RIR applications should be given priority and the processing of these applications should not be delayed due to the NON-RIR application processing. Many other states have continued to process the RIR applications after the month of April even though the NON-RIR applications have not been finished. Virginia should also try to implement similar regulation. As April being the deadline for the 245(i) application filling there have been a huge amount of NON-RIR applications filled in the month and it would amount to huge delays in the RIR application.
We would really appreciate your attention to the matter and a new directive on the RIR application processing.

Thanking you
                    Yours Sincerely

signature will follow below
 
No Title

This looks good. May be we can add H1B1 expiration reason too....
I don\'t how much value it adds. Lets get on with signatures quickly I can ask few of my friends to sign it who are in same boat as we all are.
 
How about adding the 6-year limit fact????

I feel it will be nice to mention in the draft about the 6-year time limit that the exisiting RIR applicants are facing. If all of us feel it is OK to add this let us add this and sign that.

BTW how do we sign and who do we send this to?????
 
6 year limit reason

I had thought about that and in my eyes that did not seem a very compelling reason to change the directive but ofcourse if all of you feel otherwise then most definitely we should go ahead and add it to the list of reasons to change it. As with the new regulation you can get extension on the 6 years if your application has been pending for more than a year at Labor. The only thing I wuld like to add though is that the states that have moved forward are also the state that had huge amount of filling as well (CA, TX, CO).

Please let me know when the website will be up so that we all can sign it and get the message across to the decision making authorities.

On similar matter has anyone recently called SESA to check if they have made any new decisions on the application processing directive.
 
labor pending and II40 applied

Labor applied time more than 1 year and I140 applied is the necessary criteria for extension of H1B beyond 6 years (though lots of arguments are floating around about labor alone pending is sufficient). That is why I thought that it will be important to mention this as otherwise all these RIR applications (from MAY OF 2001) would have to leave the country.

Any decision is OK. Let us get this quickly and send that across. Now how do we know how many people are out there who are going to sign????
 
Do it before it late

Dreaft is good. Go to next step and tell to every body how to sign it and where to sign it. and send it.
 
Thanks

Hi Guys:

Which draft we should use, please specify. Thanks. Give me a few of days please (server setup, online testing and then publish). I think that I have all of the informations.

How to sign: you will go online and put your information you think safe but represent the individual. After doing that and submitting the online form, the server should automatically collect as many information as we want, then we decide whether it is enough to send out or not. Or We can simply sent out the draft with our emails but this solution might not have big affect on the director\'s decision. I am thinking the first one. You guy can make final votes. Thanks for all of your responses
 
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