DOL December 2006 Update : BPCs More than Half Finished
Posted Dec 29, 2006
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The U.S. Department of Labor (DOL) addressed some questions pertaining to labor certifications in December 2006. The information derived from their responses on the topic of the processing of cases at the Backlog Processing Centers (BPCs) is summarized here for our MurthyDotCom and MurthyBulletin readers.
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Backlog Processing Centers
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The BPCs are making substantial progress on the pending pre-PERM labor certifications. As of early to mid December 2006, they had just over 142,400 cases pending. When the BPCs were established, they were responsible for processing 340,000 cases. Thus, they have completed over half of the pre-PERM labor certifications.
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Of the cases still pending with the BPCs, approximately 59,328 were filed as Reduction in Recruitment (RIR), while just over 85,600 were filed as Traditional Labor Certification (TLC) cases.
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Conversion of Traditional LCs to RIRs
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The option of converting TLC cases to RIR cases was previously reported to our readers. The DOL confirmed that instructions would be forthcoming, and these have since been issued. More information on conversion can be found in our December 15, 2006 MurthyBulletin article, DOL Facilitates RIR Conversion of Regular LC Cases, available on MurthyDotCom. The DOL provided the anticipated instructions on December 22, 2006. The process is not entirely straightforward and carries some potential risks that should be discussed with a qualified attorney before any final decisions are made.
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DOL's Reconstruction of Lost / Misplaced Cases
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The DOL has received 224 requests to reconstruct cases that appear to have been lost. These files presumably were lost while being transferred to the BPCs from the Regional DOLs and State Workforce Agencies (SWAs) during the transition period. The requests were made after the DOL announced that it had issued 45-day letters for all BPC cases. This procedure was reported to MurthyDotCom and MurthyBulletin readers on July 21, 2006, in our article entitled All 45-Day Letters to be Received by July 21, 2006. While lost files are a very serious matter, it is a positive sign that the percentage of lost files is quite low, when considering that the transfer was nationwide in scope, from both regional and local offices.