Legal Question in Immigration Law in New Jersey

Notice of Findings (RFE) in Labor Certification - RIR

My Labor application (towards Green Card) was filed in NJ/RIR/EB2 on 8-Dec-2000. After a very long wait and repeated followup, the NJ SESA issues a ''Notice of findings'' to my employer. The question (as I understood from my employer was) why can't they find a suitable candidate who is a citizen here (after the sep 11 attacks) with the current market. My attorneys haven't answered yet.

Q1. How long can my employer take to answer ?

My friend's (working in the same company & the same position as mine ) whose appl was filed 3 weeks before me got his labor cleared in April itself ! How can this be possible ? When I ask my attorney, he says that it is just my luck & it happens frequently.

Q2. Doesn't the SESA go by Date of filing the application ?


Asked on 11/27/01, 6:26 pm

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Notice of Findings (RFE) in Labor Certification - RIR

As your lawyer told you, it is luck. It doesn't matter when you filed. Until the labor certification is certified, applicants could be available.

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Answered on 11/27/01, 7:42 pm
John V A Holmes Immigration Law Center

Re: Notice of Findings (RFE) in Labor Certification - RIR

The labor certification process is complex. What happened in your fellow employee's case is really irrelevent. Different job, different ad, maybe different labor cert person. But your question does make one thing clear. The process has either not been explained to you or it has and you really don't want to hear it. The NOF says how long the employer has to respond. My advise would be to tell the lawyer involved that you don't really understand and ask for an explanation so you can make your plans accordingly. But don't expect to understand EVERYTHING. The process is really a giant pain and your company has hired a lawyer because he/she has at least some understanding of the process.

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Answered on 11/28/01, 9:09 am


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