DOL Backlog Processing Center - Sep 2006 Update
Posted Sep 29, 2006
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The U.S. Department of Labor (DOL) has provided an update on the progress being made at the Backlog Processing Centers (BPCs). This information was accurate, as of mid-September 2006. The DOL reported that, with some exceptions, they have completed the issuance of the 45-day continuation letters. They also reported that they are making substantial progress toward completion of the labor certification (LC) backlog elimination process.
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Half of Backlogged LC Cases Completed
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The DOL's report indicated that they have finalized 50 percent of their original caseload of about 362,000 cases. About half of these cases (one quarter of the original caseload), however, includes cases that were closed as a result of the response, or lack of response, to 45-day continuation letters. Thus, it appears that they have actually reviewed and made decisions on 25 percent of the cases and used the 45-day letter system to close out an additional 25 percent of the cases. This leaves about 176,000 labor certification cases that are awaiting decisions.
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Reopening LC Cases Closed in Error
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As reported in our July 21, 2006 MurthyBulletin article, DOL Announces New Process to Reopen Erroneously Closed Cases, available on MurthyDotCom, the DOL has a process for reopening cases that were closed in error, due to 45-day letter issues. Those who find themselves in this situation should review that article carefully, as there is a 30-day deadline to act after receipt of the closure letter. As of mid September, the DOL reopened 2,188 cases, representing 96 percent of the requests. There have been a significant number of requests sent to the eMail address established for requesting a case be reopened. Many of these eMails were related to other matters, or pertained to cases that were already reopened, however. The procedures for reopening remain available to individuals who received a closeout letter in error.
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No Contact Cases
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The DOL established a system in July 2006 for situations in which employers did not receive 45-day letters. This system was the subject of our July 21, 2006 MurthyBulletin article, All 45-Day Letters to be Received by July 21, 2006, also available on MurthyDotCom. The DOL held all eMails sent to the "no contact" address, with the intent to respond in mid-September 2006. They instructed those who sent inquiries to the DOL to wait for a response, rather than send their eMails again. If there has not been any contact, and the employer or attorney has not sent an eMail, it should be done without further delay. The deadline for submitting inquiries is October 11, 2006.
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Case Status System
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As reported in our September 22, 2006 MurthyBulletin article, DOL Provides Online Status at BPCs, DOL has developed a case status system for BPC cases. The system only provides basic information as to the stage of the case, and does not give processing time information. The DOL hopes to post the processing times in the near future.
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FIFO System
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The DOL had originally stated that cases would be processed in a First-In / First-Out (FIFO) order. As regular MurthyDotCom and MurthyBulletin readers know, case approvals received at the Murthy Law Firm, reported in a series of articles, have not been reflective of FIFO system processing. The DOL explained that, because there are different issues in each case and varying response times from employers, attorneys, and DOL supervisors, case processing and decisions may not appear to be in FIFO order.
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Traditional Cases, Non-RIR
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The BPCs have started working on the backlogged labor certification cases that were filed under the traditional system, rather than as reduction in recruitment (RIR) cases. For these cases, they have started issuing advertising instructions. The cases will be subject to current rules that require offering 100 percent of the prevailing wage, rather than the older system that allowed for an offer of 95 percent of the prevailing wage. The BEC will include a prevailing wage determination with the recruitment instructions. Many cases were filed using the traditional system, immediately prior to the start of the PERM labor certification system. These cases were filed at the last minute, where there was not time to engage in a recruitment campaign. Many of the cases that were filed before the April 30, 2001 deadline, to take advantage of 245(i) for those who had failed to maintain legal status in the U.S., were also filed using traditional recruitment.
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Conclusion
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We at the Murthy Law Firm are pleased that the DOL is making progress on BPC cases that have been pending with the DOL for years, and that they have established systems for communicating about closed cases and those for which the 45-day letter was not received. MurthyDotCom and MurthyBulletin readers who have been waiting for many years now may start to see movement in their cases.
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