Labor Certification Overhaul
The Department of Labor, Employment and Training Administration (DOL/ETA) recently solicited proposals to select a
contractor to provide operations support to ETA's Division of Foreign Labor Certification in order to eliminate the current backlog. The Request for Proposal sheds insight into the changes that lay ahead in the Division of Foreign Labor Certification, including:
The type of support anticipated are two fully staffed facilities or application processing centers on a national scale. The
ultimate size of the centers will be contingent upon the amount of resources included in the Department’s FY ’04 budget
approved by Congress.
The current size of the national backlog approximates 300,000 applications. Because of this large backlog, the Permanent Labor Certification program has been identified in the President's "Blueprint for a New Beginning” as a
program seriously in need of improvement. To address this concern, a major restructuring of the certification process will
be implemented with the introduction of the Program Electronic Review Management System (PERM) during the first
part of calendar year 2004. However, the backlog of applications filed under current regulations must still be processed
under the old rules and within the existing system.
The pork-laden appropriations bills which Congress failed to pass this year include even more funding for the labor certification backlog reduction than the President's original request. Thus, it is very likely that very early next year, DOL will finally get a sufficient sum of money ($100 million plus) to eliminate the massive backlog. However, there are many points here that attorneys may want to note. The new process contemplated by DOL envisages what amounts to a "service center" concept, the first time that such a concept will be applied to a labor cert program. In states like California and New York, attorneys will have to re-evaluate their labor cert strategies since "regular labor certification" may no longer have a horrendous backlog in 2005. There may be another lesson to be drawn here - it pays to seek a benefit. Faced with unprecedented filings as result of 245(i), Congress ultimately, if belatedly, is about to appropriate the money necessary to process the deluge of applications.
We are sure to see major developments in labor certs in 2004. For the request for proposal in full, see below.
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Nurse-Patient Staffing Ratios Affecting RN Recruitment
Carl Shusterman writes "However, one promising source of foreign-born nurses is being tapped by California hospitals. RNs who are Canadian citizens are able to obtain Trade NAFTA (TN) status to work in the US in as little as one day."
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Immigration Law News
Procedures For Going Off-Record During Immigration Proceedings
The Office of the Chief Immigration Judge of the Executive Office for Immigration Review of the Department of Justice released Operating Policies and Procedures Memorandum 03-06: Procedures for Going Off-Record During Proceedings (thanks to Dan Kowalski, Editor-in-Chief of Bender's Immigration Bulletin)
DOL/ETA Seeks RFPs For Labor Certification Applications
The Department of Labor, Employment and Training Administration (DOL/ETA) sought requests for proposals to select a contractor to provide operations to support the ETA's Division of Foreign Labor Certification with the creation of two fully staffed facilities. This document includes the five amendments to the RFP.
Dallas Immigration Attorney's Law License Is Suspended
The Houston Chronicle reports "A Dallas defense attorney has received a three-year suspension of her law license from the State Bar of Texas in a lawsuit settlement."
40 Suspected Illegal Workers Taken Into Custody
The Bradenton Herald of Florida reports "More than 40 suspected illegal workers were taken into custody Tuesday after federal immigration agents intercepted the barge they were on as they headed to construction sites on upscale Fisher Island."
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J-1 Training Visa Sponsor
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Help Wanted: Experienced Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, Southern CA office and New York, NY offices. Bachelor's degree required. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegals will manage caseloads with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to specific desired location: South Bay applicants: fax Michele Buchanan at 310-540-3147 or email to MBuchanan@wolfsdorf.com; New York applicants: fax Frieda Wong at 212-899-5041 or email to FWong@wolfsdorf.com. The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.
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Case Management Technology
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Letters to the Editor
I just wanted to correct an error in Chucky's letter to the Editor. I do believe that most of the 9/11 hijackers were in status on valid visas or otherwise and not illegals. Only a couple were in violation of the immigration laws. It seems to me that people who are against some sort of program that will bring out of hiding a large amount of undocumented people living in our country in violation of immigration laws are really only aiding the threat to our country. If the non-dangerous types were allowed some sort of temporary work permit or something like that and they came out of hiding, we could put them in the system and we would know who and where they are, then the DHS could focus its extraordinarily limited resources on tracking down those that remained as well as monitoring those who are known. As it now stands there is no incentive to come out of hiding if you are here illegally and there is no possibility at all that the ICE or the DHS could track down and apprehend everyone who is here without status.
Justin Randolph, Esq.
My Name is Eli Chairez Clendenin, at the age of twelve I was told by my prominent immigration and adoption lawyer that if I wanted my citizenship we would have to say to them that we just got you' when in fact I had been here in the States and enrolled in Jefferson County Public Schools and it is documented from as far back as 1975. There is a trail of evidence and I have been trying to break my silence for a very long time to say hey wait, there's something terribly wrong here. A few facts: I have been employed with about 5 "others" to do landscape the yard of an FBI/Terrorist Investigator and at the home of a 30 year Narcotics detective to work around his home as well. I have been the whistleblower on this and more for a long time. I would estimate at least 15-20 years. I was also smuggled illegally across the Mexican border. And then just allowed to go with strangers I had never before in my life met. How can this go unnoticed? I had no way to go to the authorities then, I was approximately 4 years old, and these people had befriended people back then in Church who later would become Denver Police Officers, and it all has been horrific.
Finally, an admission from our government that we must address the enormous problem of the conservatively estimated 8 million illegal aliens that are presently in our country. Let's hope that some concrete legislation will be passed in 2004 that will afford these people some sort of legal worker status in the US. And to Chucky, what's your solution to this problem? Deport them all? Who do you think puts vegetables on your table, cuts your lawn, and buses your table when you dine out? And just as importantly, who do you think would fill these jobs when we round them all up and ship them back to their countries?
The following press release was issued by Nachman & Associates, P.C.
David H. Nachman
Nachman & Associates, P.C.
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