DOL Update June 2005 : PERM and Backlog Reduction Centers
Posted Jun 24, 2005
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The U.S. Department of Labor (DOL) provided the American Immigration Lawyers Association (AILA) with an update on PERM and the Backlog Reduction Centers on June 16, 2005. A summary follows.
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PERM
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As many MurthyDotCom and MurthyBulletin readers are aware, many of the initial filings made from March through May 2005 under the PERM labor certification system were denied within minutes of filing. This was caused by certain programmatic glitches that the DOL is working to fix. Considerable progress has been made, since cases are now being accepted into the system and approved. In an effort to address the initial case denials, the DOL is rerunning these cases through the matrix for a proper review. If the rerun shows that a case should not have been denied by the program, processing on the case will be resumed. If the program shows that the case should be denied, the denial will stand. The DOL will send notices on those cases that are denied a second time and hopes to have these notices out in early July 2005.
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Backlog Reduction Centers
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The DOL has asked that there be no inquiries as to whether a case has been received by the Backlog Reduction Centers unless proof is needed for a one-year incremental H1B extension. They report there are still tens of thousands of cases that need to be entered into their system. Anyone sending an eMail inquiry, without needing proof for the H1B extensions beyond six years, will likely receive an automated response that inquiries are not being accepted. Anyone asking for proof for an H1B extension filing, will receive a screenshot from the DOL of the file's data entry, showing that the file has been received. The U.S. Citizenship and Immigration Services (USCIS) reportedly has indicated that they will accept these screen shots as valid proof for the incremental H1B extension filings after the conclusion of six years on H1B status. We are pleased that the DOL and USCIS have coordinated on this matter, as it had been an area of substantial difficulty for many.
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Case Closures at Backlog Reduction Centers
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Some people are erroneously receiving letters that their labor certification cases have been closed due to failure to respond to the 45-day letter. These closure letters have been issued both in cases where the 45-day letters were never received and in those where the letter was received and a request to continue with the case was provided promptly. If one of the erroneous closure letters is issued in a case, the DOL will accept a response asking for the case to be reopened and showing why the closure is incorrect. If the attorney who filed the case is an AILA member, the AILA National Office will also accept the same information and forward it to the DOL.