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BPCs Update :
Mid January to Mid March 2006
Posted
Mar 24, 2006
©MurthyDotCom
Our observations at the Murthy Law Firm reveal that the Backlog Processing
Centers (BPC) labor certification approvals continue to be sporadic, in
small batches, while the more recent PERM approvals continue at a brisk
pace. These are apart from the many PERM approvals we have seen during this period.
©MurthyDotCom
Dallas BPC Approving 2004 Cases
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Most remarkable about the approvals is that the Dallas BPC is primarily
approving 2004 cases. At the end of 2005, the approvals from Dallas mostly
had priority dates in late 2003. This pattern indicates something seriously
wrong with the first-in / first-out, or FIFO, system at the Dallas BPC.
©MurthyDotCom
As can be seen from the
DOL's Backlog Application Receipt Date Chart, which shows the
shipping schedule to the BPCs by state and priority date, Dallas received
many cases with 2001, 2002, and 2003 priority dates. With limited exception,
however, approvals of the earlier cases from this BPC are not evident.
©MurthyDotCom
Philadelphia BPC Approving 2001 and 2002 Cases
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The situation is different at the Philadelphia BPC. The cases from
Philadelphia primarily have early priority dates, in 2001 and 2002. Notable
in Philadelphia is that, in these first two and a half months of 2006, we
have not seen any decisions on cases filed in New Jersey. We also have not
seen any New York cases from the BPC. Large volumes of cases have been filed
in New York and New Jersey. During this period, our firm has seen approvals
for cases from Florida, Maryland, Pennsylvania, and Virginia.
©MurthyDotCom
Dallas BPC Approving More : Additional States
Represented
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As has been the case in the past, most of the LC case approvals received at
the Murthy Law Firm in
this early part of 2006 were from the Dallas BPC. Thus, they seem to be
working faster than the Philadelphia BPC, but out of order. We also received
approvals from seventeen different states, some of which were new to our
list of backlog case approvals. Our recent approvals have come through for
cases from California, Illinois, Iowa, Indiana, Kansas, Minnesota, Nebraska,
Ohio, Oregon, South Dakota, Texas, Washington, and Wisconsin.
©MurthyDotCom
Conclusion
©MurthyDotCom
The BPCs still do not seem to be working at full speed; particularly the
Philadelphia BPC. The Dallas BPC is working in a manner that is clearly out
of date order, rather than by FIFO as was originally planned. These are
important issues that need to be addressed. More and more cases are being
filed again under PERM because individuals and employers are tired of
waiting for BPC action. This creates more work for the DOL, with multiple
filings on behalf of the same individual. People would be less anxious to
file again if they could see real movement and predictability at the BPCs.
©MurthyDotCom
We at the Murthy Law Firm will continue to update our readers on the
progress at the BPCs, to help in planning their immigration strategies.
Copyright © 2006, MURTHY LAW
FIRM. All Rights Reserved

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