Reading Room Myth

Date: Monday, October 28, 2002 3:53 PM

H-1B and JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

Occasionally I get asked by someone where they can go to see the newest
Labor Condition Applications (LCA)that have been filed by employers to the
Dept. of Labor. I usually refer them to 20 CFR 655.760 (shown below) that
requires the DOL to maintain a reading room for public examination of the
LCAs.

While I was in Washington D.C. for the FAIR Board of Advisors conference I
decided to drop by the DOL to use the reading room. I wanted to view some of
the newest LCAs on record, and to see if this reading room really existed.

After signing in with the security guards I took the elevator to Room
N-4456. The room was numbered but I thought it was odd that it didn't have a
sign to designate what's in there. I walked in anyway. I saw nothing but
typical office cubicles. There wasn't even a receptionist desk to greet me.
I wandering around for awhile but didn't see anything like a library or
reading room. I finally asked a guy typing on a computer where the LCA
Reading Room is. He didn't know what I was talking about.

Fortunately I uttered the phrase "Labor Certification" and he knew what that
meant. He explained that the DOLETA department moved down the hall. He was
kind enough to escort me there.

........... We went into another office with cubicles ...........

He asked some people where I could find the LCA Reading Room but nobody had
ever heard of it. This went on for quite awhile until they brought me to
someone who knew what I was asking for.

HE EXPLAINED THAT THERE NEVER WAS AN LCA READING ROOM AND THERE ARE NO PLANS
TO HAVE ONE!

I asked him if he knew the Reading Room was required by government
regulation, and he said "Yes, so if anyone wants to see LCAs they can call
DOLETA and make an appointment."

I didn't care to ask how far in advance I would have to make an appointment
and left.

Conclusion:
The regulation states that current records are to be made available for
public viewing. This is clearly not the case so the DOL is in violation of
the law. Making an appointment to view records on a computer is no
substitute for a reading room. Until the DOL decides to comply with their
own regulations, the data at www.ZaZona.com/LCA-Data is as good as it gets.

:-(

http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_655/20CFR655.760.htm

20 CFR 655.760 - What records are to be made available to the public, and
what records are to be retained?

(10)(b) National list of applications. ETA shall compile and maintain on a
current basis a list of the labor condition applications. Such list shall be
by employer, showing the occupational classification, wage rate(s), number
of nonimmigrants sought, period(s) of intended employment, and date(s) of
need for each employer's application. The list shall be available for public
examination at the Department of Labor, 200 Constitution Avenue, NW., Room
N-4456, Washington, DC 20210.

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