Citations for ILW.COM's Seminar
"Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification
Part 3 held on April 8, 2004
For more info, or to signup online, click here.
For more info, or to signup by fax, click here.
Citations from Jeneace O'Brien (CA SWA)
Suggestions for Requesting Prevailing Wages
Develop an original description of the essential, basic duties of the position that shows specifically what the worker does, who he does it to/with/for, how he does it, where he does it and maybe even when he does it.
Include information that describes the level of responsibility, scope of tasks, level of independence, and complexity of work - - particularly if the position is being characterized as "entry level" so that an appropriate skill level can be determined.
Describe the job and limiting factors realistically; avoid language that glorifies or exaggerates the job or that describes business outcomes and business results as opposed to duties.
Be cautious with (and perhaps explain) titles and terms that are not specific or can be ambiguous and misinterpreted, for example "manager/ manages," "consultant," "director" are all buzz words that if left to interpretation, could result in a conclusion not intended.
When providing alternative survey documentation, make sure that it displays the publication or survey date and is the most current version of the survey; provides a weighted average (mean) wage, not a median; shows the geographical area represented; shows the number of firms that provided data; and includes the job description of the occupational title surveyed and leveling factors, if applicable.
General Administration Letter No. 2-98
General Administrative Letter No. 01-00
Training and Employment Guidance Letter No. 5-02
The Standard Occupational Classification Manual can be ordered from the National Technical Information Service (NTIS) at
http://www.ntis.gov/products/bestsellers/standard-occupational-classification.asp?loc=4-2-0.
There is also a link to this website from BLS's site at
http://www.bls.gov/soc/socmanu.htm.
Citations from Joel Stewart
BALCA Cases Discussed During ILW.COM Teleconference on April 8, 2004
V & R Construction, Inc., 2002-INA-154 (BALCA, February 7, 2003) (Labor Cert
denied because alien paid as Contract Worker)
Compaq Computer Corporation, 2002-INA-249 (et al) (BALCA, September 3, 2003)
(Ziegler memo held illegal -- no NOF's can be issued on RIR issues)
Crawford & Sons, 2001-INA-121 (BALCA, January 9, 2004) (Landscape Gardeners
in the cold climates are not eligible for permanent full-time labor
certification)
Ranchito Coletero, 2002-INA-105 (BALCA, January 9, 2004) (Sole Proprietor
ability to pay not limited to Schedule C)
Apex Interiors, Inc., 2002-INA-152 (BALCA, November 12, 2003) (Employer's
obligation to contact US workers by certified mail and/or by phone calls)
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