коллекция полезных URL по темам раздела РАБОТА

[EMT]

E-mail

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elm
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pine
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uumail
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[EMT]

Development Methodologies and Tools

ABT
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IEW
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[Mark]

http://www.oracjobs.com - можно посмотреть бесплатно (as Guest) резюме специалистов по Oracle

[DP]

5. BALCA Finds Similar Jobs Are Different

This article may prove helpful to many MurthyDotCom and MURTHYBULLETIN readers undergoing the Labor Certification (LC) process. The case discussed here distinguishes the job title and duties of a Programmer Analyst and a Computer Programmer and holds that the prevailing wage in one position cannot be used to obtain an LC approval for the other position. The case cited was neither filed nor appealed by The Law Office of Sheela Murthy, P.C., but is significant and has been reported in the legal literature, so we share it with our readers. When an Application for Labor Certification is denied, one may file an appeal with the Board of Alien Labor Certification Appeals (BALCA), which is part of the U.S. Department of Labor (DOL).

In a decision dated August 22, 2003, a three-judge BALCA panel affirmed the DOL's certifying officer's (CO) decision denying the LC. The crux of the issue was that the positions of a programmer / analyst and a computer programmer are different. The CO had denied the case because the position described in the labor certification, Form ETA 750, was for a programmer / analyst position, but the employer had offered a wage appropriate for a computer programmer. In support of the wage offer, the employer submitted prevailing wage findings for a computer programmer position. The programmer / analyst prevailing wage, which the CO determined as appropriate, was listed as $60,237 per year. On the other hand, the computer programmer prevailing wage had been determined to be $52,291 per year.

In its finding, BALCA held that the higher wage for that of a programmer / analyst wage should have been used. The panel of judges noted that in disputing the CO's prevailing wage determination, the Employer never disputed the finding by the CO determining use of the computer programmer wage to be inappropriate. The panel also reviewed the definition of each job as described in the Dictionary of Occupational Titles (DOT). Each position has a separate definition in the DOT, and BALCA found that the two job descriptions were sufficiently different to justify the difference in salaries. Under their reasoning, they determined that the Employer failed to show that the CO's prevailing wage determination was in error. Therefore, the denial of the labor certification was affirmed.

During this recent period of economic struggle, the COs' scrutiny of labor certifications has become increasingly onerous. Previous positions that many may consider synonymous today could raise an issue. It is important to obtain competent legal advice from those who have the experience to argue subtle points and are familiar with the frequent changes in law, policy, and procedures with the DOL. BALCA has made it clear that employers may not find a sympathetic administrative court if the certifying officer denies the case due to use of an improper prevailing wage survey.

[DP]

4. "Zero Tolerance" Policy Withdrawn

In a piece of good news that we hope will benefit many, we have learned that a policy, referred to as "zero tolerance" by the Immigration Service, apparently has been withdrawn. The change was reportedly made via an eMail directive to appropriate employees of the U.S. Citizenship and Immigration Service (CIS). This should make life a bit easier for many individuals seeking to change or extend their nonimmigrant statuses.

Many of our MURTHYBULLETIN and MurthyDotCom readers know, through personal experience, that, in order to extend or change nonimmigrant status in the U.S., it is necessary to be in status when the request to extend or change status is filed. What this means for employment-based immigration statuses, such as the H1B or L-1, is that it is necessary to have pay stubs from the current employer covering the time immediately preceding the new case filing. For many years there had been a bit of flexibility in this matter, so that brief gaps between the last pay stub and the filing would not automatically result in the denial of the change or extension of status request. However, that all changed in 2002, when a "zero tolerance" policy Memo was issued, essentially eliminating the examiners' discretion in this area. See, our May 10, 2002 MURTHYBULLETIN article, "'Zero Tolerance' Policy for Those out of Status" <http://www.murthy.com/UD0toler.html>, available on MurthyDotCom. This "zero tolerance" was quite harsh for many nonimmigrants, and apparently did not work well for the government, either.

The eMail withdrawing the policy has not been made public as of this writing. In a September 24, 2003, AILA meeting attended by all of the attorneys from The Law Office of Sheela Murthy, P.C., we learned that the eMail was intended to demonstrate to the examiners that they have discretion. One of the reasons for the withdrawal of the policy is that, in the past few months, the rate of Requests for Evidence (RFEs) has skyrocketed with no apparent explanation. The belief is that the examiners have not felt they could overlook even the most minor technical violation. The result is that they are frequently asking for additional evidence, such as pay stubs through the time of the case filing, as well as other proof of employment.

The results of this change in policy are yet to be seen. For our readers, we would continue to emphasize the importance of maintaining status and filing for changes or extensions of status in a timely fashion. The regulation on this issue is actually quite restrictive, allowing violation to be overlooked only when there are "extraordinary circumstances beyond the control of the applicant or petitioner" and the delay is commensurate with the circumstances. However, even without circumstances that would meet the "extraordinary" standard, we believe there is a legally permissible basis for taking a more practical approach to the matter. There is a long-standing concept in the law of the "de minimis" exception. This comes from the Latin phrase "De minimis non curat lex," meaning "the law does not care for, or take notice of, very small or trifling matters." This concept permits some inherent level of discretion, even if it is not explicitly provided within the wording of the law.

We are pleased that there is a movement in the positive direction with the purported withdrawal of the zero tolerance Memo. In the real world, paperwork takes time, employers have to follow established office procedures before signing documents or releasing information, and nonimmigrants trying to understand a complex system of laws do not always know that the derivative spouses and children must have their statuses extended separately. We hope that this is the beginning of a more humane policy and that there is less disruption to the lives of foreign nationals and the ability of the foreign national workforce to provide needed services to U.S. employers, helping the economy.

© The Law Office of Sheela Murthy, P.C.

[sergusha]

http://www.free-for-recruiters.com/ - Тысячи различных IT резюме которые можно посмотреть совершенно бесплатно (не требуется даже регистрация)

[Sergunka]

Правительство США - коммандировочный рейт для разных мест
http://www.gsa.gov/Portal/gsa/ep/conten ... .jsp&P=MTT

[DP]

как произносить аббревиатуры

http://forum.privet.com/viewtopic.php?t=77366