Read this - It might answer few questions.
1. DOL Watch : Update on BECs / BPCs
The U.S. Department of Labor (DOL) provided an update on Backlog Processing Centers (BPCs) on March 3, 2005. BPCs have sometimes been called Backlog Reduction Centers or Backlog Elimination Centers. As regular readers of MurthyDotCom and the MurthyBulletin are aware, the BPCs are processing the regular Labor Certification (LC) or the Reduction in Recruitment (RIR) cases that are filed prior to March 28, 2005. Following is a summary of the information released by the DOL for the benefit of our readers.
BPCs Caseload & 45-Day Letters
As of March 3, 2005, the BPCs had received a little more than 180,000 cases. Of these cases, about 86,000 (approximately 48 percent) have been entered into the new BPC database system. Only approximately 40,000 of the 45-day letters have been sent out to date. This is only about 22 percent of the cases they have received. As a result of the 40,000 letters sent, the DOL has only closed approximately 300 cases - less than 1 percent! This is far lower than the percentage that the DOL had expected to have closed out with the 45-day letters.
Staff at the BPCs
The DOL has not tracked how many new cases have been accepted by the SWAs in 2005. The two BPCs currently have approximately 100 contractor personnel at each BPC. The DOL is providing additional resources to complete initial data entry. The goal is to complete data entry by the end of summer 2005. Once data entry is complete, people will be moved from data entry to processing.
Timeframes for Case Processing at BPCs
Atlanta and Chicago still have a total of approximately 10,000 labor certifications that they will be transferring to the BPCs. New York, Boston, and San Francisco will continue to process the cases they have until January 2006. It is not clear if the offices will remain open, if they still have cases at that point, or if they will send their cases to the BPCs. It is still projected that the BPCs will remain in operation for 24 to 30 months, if adequate resources are provided.
Case Reviews and Training of Staff
The DOL indicated that the contractors have begun reviewing cases for compliance with DOL guidelines, though training is continuing. Reviewers will be cross-trained on regular and reduction-in-recruitment (RIR) cases. The DOL does not expect to use a universal standard for RIR filings. Instead, the BPCs plan to apply the standard used in the region where the case was filed.
FIFO for all Cases
The DOL has indicated that they will use the First-In / First-Out (FIFO) method for all cases, regardless of occupation.
Online System
There is no confirmation that an online system may become available to track regular LC or RIR case status. Currently, the BPCs are only planning to provide information on the cases that have been shipped. They intend to provide an eMail system by which individuals may learn whether their cases are at the BPCs, but there is no timeline for this.
Conclusion
It appears that the BPCs still have many 45-day letters to issue. The problem is that some people have received their 45-day letters while a majority of cases filed around the same time have not received these letters. This causes confusion in people's minds. We at The Law Office of Sheela Murthy, P.C. will continue to provide updates on their progress, as and when available.
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