Restructuring Info
DOL Transition Watch: DOL Provides More Insight
We reported in our October 22, 2004 MURTHYBULLETIN on the ongoing transformation
in the process for labor certification adjudication. That article, entitled "DOL
Sends Transition Plan to SWAs" <http://www.murthy.com/news/n_dolsen.html>, is
available on MurthyDotCom. This has raised many questions. We recently received
additional clarification, based on an October 8, 2004 meeting between key staff
members of the U.S. Department of Labor (DOL) and members of the American
Immigration Lawyer's Association (AILA). Additional information was also
provided to AILA on October 15, 2004. These details shed more light on the DOL
transition plan.
DOL Vision for Uniform Processing Times and National Standards
The October 8, 2004 meeting included a tour of the new Backlog Elimination
Center (BEC) in Philadelphia. The DOL confirmed that the BECs have a new
software system in place to begin processing the backlogged cases. The DOL
shared its vision with AILA; to process all temporary (H2A, H2B) and permanent
labor certification filings at the two national processing centers in Atlanta
and Chicago that report directly to national headquarters. This vision includes
the development of uniform national standards and processes.
Backlog Elimination Centers (BECs)
DOL understands that, before its long-term vision can be accomplished, the
backlog of 310,000 labor certification cases must be addressed. These are the
cases that will be transferred and processed at the BECs in Philadelphia and
Dallas within the next two years. To accomplish this goal, each BEC is staffed
with 35-40 federal employees and approximately 100 contract workers. The
contract workers will provide administrative support and the federal employees
will adjudicate the cases. Recruitment efforts to fill the federal employee
positions included notifying the State Workforce Agencies (SWAs) of the
available positions. Dallas has completed more of its recruitment than
Philadelphia.
Approximately 10,000 cases are in the Philadelphia BEC and contractors are in
the process of entering data on the cases that were transferred from the
Philadelphia Regional Office. Once the data is input, DOL will send Center
Receipt Notification Letters (CRNL), expected to go to the employers having
filed the labor certifications or to the attorneys of record on the cases. These
letters will require response within 45 days to indicate the cases are still
viable. If a response on a case is not received within 45 days it will be closed
by the DOL, which has indicated that there will not be flexibility on this
45-day deadline.
The next batch of cases to be transferred to the BECs will be approximately
20,000 cases from the San Francisco Region (Region VI). The BECs will use a
First-In / First-Out (FIFO) approach to all cases, meaning that the oldest cases
will be processed first. A contractor has been hired specifically to determine
which regions have the oldest cases and how to efficiently transfer these cases
to the BECs. Though FIFO will be used for both RIR and traditional labor
certification cases, they will each have a separate track. This means that an
RIR processed under the FIFO system likely still will be processed faster than a
traditional labor certification processed on a FIFO basis.
PERM / National Processing Centers
If and when PERM is implemented, the Atlanta and Chicago Centers will directly
process cases. These PERM Centers, also referred to as the National Processing
Centers (NPCs), are building an infrastructure for web-based filing. The Chicago
Center is already in the midst of being established. Each Center is in the
process of hiring approximately 50 primarily federal employees. DOL also has a
curriculum prepared to train its new staff. Temporary processing (H2As and H2Bs)
will be migrated to the two NPCs. The transfer is expected to be completed by
the end of the year. DOL still expects the PERM regulation to be published by
the end of 2004, but, as regular MurthyDotCom and MURTHYBULLETIN readers are
aware, there is no guarantee that PERM will now be published.
Until PERM is published, the Atlanta and Chicago Centers will function as
additional BECs. If PERM is not published, an alternate regulation will be
required to eliminate the SWAs' intake of labor certification cases. The Atlanta
and Chicago Centers will function as national processing centers.
New York and San Francisco Regional Offices
The New York and San Francisco Regional Offices will not close until at least
January 2006. These two offices will continue to process permanent labor
certifications until that time. The DOL is working to integrate the computer
systems of all offices into a uniform national software network.
SWAs
The SWAs will finish processing cases that have already been opened for review
and/or recruitment. All other cases will be eventually transferred to one of the
DOL Centers. The DOL said that the Federal Register should have regulatory
activity published regarding the SWAs before the end of the calendar year.
Conclusion
The last two years have brought major changes to the immigration landscape. The
Immigration and Naturalization Service (INS) was abolished and replaced by the
USCIS, ICE, and the CBP. Now, the DOL is restructuring its processes. Throughout
these changes, MurthyDotCom and the MURTHYBULLETIN have provided you with useful
information and analysis. We will continue to assess these changes and update
you, our loyal readers.
© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
SOURCE:
http://www.murthy.com
