Draft Final Report
on
Order for Supplies and Services No. AS 12737-03-40
Prepared for
U.S. Department of Labor
Employment and Training Administration
Prepared by
TECHNOLOGY & MANAGEMENT SERVICES, INC.
April 18, 2003
April 18, 2003
Mr. Patrick Stange
Contracting Officer's Representative
U.S. Department of Labor /ETA
Room C-4318
200 Constitution Avenue, NW
Washington, D.C. 20210
Subject: | | Technology & Management Services, Inc. (TMS), Draft Final Report on Order for
Supplies and Services No. AS-12737-03-40, for Simulation of Centralized
Processing of Permanent Labor Certification Program Backlog |
Dear Mr. Stange:
Technology & Management Services, Inc. (TMS) is pleased to submit this draft final report on the
subject project to the U.S. Department of Labor, Employment and Training Administration
(ETA). This report presents TMS' findings and recommendations related to ETA's effort to
eliminate the backlog of 300,000 applications for permanent labor certification.
We look forward to continuing work on this interesting and challenging activity. Should you have
any questions or require additional information, please feel free to contact the undersigned at
(301) 670-6390.
Sincerely,
Vic Trunzo
Director,
Workforce Investment Services Division
4.0 Findings and Recommendations on Specific Steps in the Process
The following subsections of the report present TMS' findings and recommendations for
each step in the processing of applications. Subsection 4.1 presents findings and
recommendations for data entry, completeness review, and quality control. Subsection
4.2 lists findings and recommendations for the prevailing wage review. Subsection 4.3
deals with the traditional recruitment review, and subsection 4.4 presents findings and
recommendations relative to the reduction-in-recruitment activity. Subsection 4.5 lists
the findings and recommendations relative to issuing determinations on cases.
4.1 Data Entry, Completeness Review, and Quality Control
In operating the simulation study, TMS has identified several opportunities for
improvement in the work process for data entry, completeness review, and quality
control. For example, the issuance of completeness letters for minor deficiencies in the
application increases case processing time without adding value to the quality of the
determination. In phase two of the simulation, TMS will streamline the process for
issuing letters and obtaining additional information from employers and attorneys. The
manual copying of the ETA 750 to insert into the envelope containing the completeness
letter proved to be extremely time consuming, and TMS has developed a
recommendation for improving that work process. Data entry errors were found to be a
problem early on in the operation of the study, and TMS has developed a
recommendation to ensure data accuracy. Validating the existence of the employer has
been an extremely difficult task with, at times, uncertain outcomes, and TMS
recommends that this step be eliminated from the application processing work flow,
unless a more effective mechanism than the ReferenceUSA.com website can be found.
Following are TMS' recommendations for process improvement.
Recommendation 1: In order to reduce the number of completeness deficiency letters
issued in the initial phase of case processing, only those incomplete items which are
required for prevailing wage and other analytical review of the application should be
included in the initial completeness checklist. Those items required by the INS, such as
the front-to-back requirement for the ETA 750 and type of visa, should be obtained later
in the case processing workflow, if and when, the case is ready for certification.
Recommendation 2: Digital scanning of ETA 750 Forms into CAPS should be
implemented to expedite case processing and issuing letters. The digitized ETA 750
Form will automatically print out with letters generated in CAPS. This reduces manual
photocopying of the ETA 750 Form, which are inserted in mailing envelopes with the
issuance of letters. Any amendments required should be made to the digitized copy of
the ETA 750 Form by the employer, and the DOL Correction Approval stamp will be
used for approved amendments on the original ETA 750 in the case files.
Recommendation 3: In order to increase data integrity and reliability, a quality control
team should be created and integrated with CAPS. CAPS will randomly assign
applications and the discrepancies between the original data entry and the quality control
check will be flagged by CAPS in order for disparities to be reconciled. CAPS will also
utilize a program for illogical relationships to be identified and resolved by the quality
control team.
Recommendation 4: The employer verification step should be eliminated from the case
process due to the shortcomings of the ReferenceUSA.com website. According to recent
statistics, over 24 million business entities currently exist in the U.S. ReferenceUSA.com
has a database of approximately 12 million businesses, or about half of the total
businesses in the U.S. As a result, the failure to locate a business on the database is not
an accurate indicator of the validity of that business. ReferenceUSA has been useful in
identifying a new address for a business that has moved.
4.2 Prevailing Wage Review
Operation of the simulation study has demonstrated that the prevailing wage review
requires highly specialized skills, and a comprehensive knowledge of occupational
categories and the application of federal regulations. TMS has developed a
recommendation to ensure that the wage analysts acquire the required skills and
knowledge. TMS has also found that the current practice of sending out NOFs for
prevailing wage deficiencies and/or unduly restrictive requirements could result in the
issuance of multiple letters to an employer and attorney, and an increase in case
processing time. In addition, TMS found that some applications require a higher level of
expertise regarding interpreting and complying with the federal regulations guiding the
program.
Recommendation 1: TMS will develop a training guide focused exclusively on
prevailing wage issues to serve as a supplement to the general training manual.
Recommendation 2: TMS recommends that when the prevailing wage team identifies
prevailing wage deficiencies or unduly restrictive requirements, the application should
still be forwarded to the appropriate recruitment team with the deficiency flagged. The
prevailing wage issues would then be dealt with by the recruitment team to avoid sending
a prevailing wage letter and then a recruitment letter to the same employer. This
streamlining will reduce staff effort as well as processing time.
Recommendation 3: Establish a troubleshooting team to handle the most challenging
applications can provide guidance on complex issues. Individuals on the troubleshooting
team will require more extensive training than the members of the other application
processing teams. An example of a scenario that would warrant transferring the
application to the troubleshooting team is when an attorney or employer questions an
interpretation of the federal regulations guiding the program.
4.3 Traditional Recruitment
While conducting supervised recruitments under the simulation study, TMS has
developed and maintained a tickler file of questions on the process frequently asked by
employers and attorneys. TMS intends to use these questions to develop clearer
recruitment instructions for use in phase two of the simulation study and in the backlog
reduction effort. For posting job orders, TMS has been exclusively using America's Job
Bank (AJB), and has found AJB to be extremely effective in generating resumes from
U.S. workers.
Recommendation 1: Based on TMS's analysis, information has been identified as being
commonly asked by attorneys and employers subsequent to the issuance of the supervised
recruitment instructions. TMS has compiled a tickler file of these inquiries and
recommends the supplemental information be incorporated into the recruitment
instructions letter for both CAPS and at the state level in order to reduce the analysts'
time required to respond to inquiries.
Recommendation 2: TMS recommends the use of AJB as the mechanism for posting
job orders in the backlog reduction effort.
4.4 Reduction-in-Recruitment
The simulation study has revealed that the interpretation of an acceptable "established
pattern of recruitment" varies from state to state.
Recommendation 1: To ensure consistency, general guidelines or criteria should be
established to evaluate an established pattern of recruitment. Various issues and
combination of issues should be identified which would assist analysts to assign the
proper action or Notice of Findings letter required.
Recommendation 2: To minimize subjectivity and maximize productivity, guidance
should be provided to support analysts in the determination of when to deny an RIR and
when to issue a Notice of Findings. The distinction has an important impact on the status
of the application and overall case processing time.
4.5 Issuing Determinations
Due to the age of many of the applications residing in the backlog, circumstances have
changed for many employers and aliens. For example, some aliens are no longer working
for the employer or have returned to his or her native country. Moreover, some
employers are no longer in business and responses are never received to letters issued.
Recommendation 1: A withdrawal form should be incorporated into both the
completeness and recruitment instructions letters to capture those situations where
circumstances have changes since the initial filing of the application. The withdrawal
form provides signed authorization to formally withdraw the case and permits closing
cases earlier rather than letting them expire due to a non-response.
Recommendation 2: CAPS incorporates functionality to automatically calculate
expiration dates for responses to letters and alert data entry specialists that a case should
be inactivated. If a response is not received within the allotted time (plus a 10-day grace
period to allow for mail delivery after the postmark date), the data entry specialist will
initiate the automatic generation of an inactivation letter.