Dallas Backlog Elimination Center Tracking
- Thread starter gp111
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jewelhaque
Registered Users (C)
Look at the following web page, there is a attachment in one of the post:
http://www.immigrationportal.com/showthread.php?t=161571&page=208&pp=15
http://www.immigrationportal.com/showthread.php?t=161571&page=208&pp=15
bingojohn said:
I have no clue
Registered Users (C)
Labour filed in Texas Work force during Jun 2003, made it to regional during sept 03, then to backlog centre. Recd 45 day letter during jan 2005 replied mid jan 2005, and got an email from lawyers that my LC was approved. Ofcourse pursuing through Congressman / senator's office will help you. That's my experience.
New Immigration Bill Introduced by Sen. Cornyn
Some excellent provisions for legal immigrants.
http://pubweb.fdbl.com/news1.nsf/9a...c8?OpenDocument
Senate Immigration Subcommittee Chairman John Cornyn introduced the Securing Knowledge, Innovation, and Leadership Act of 2006, or SKIL Act (S. 2691) today. The bill appears to have wide support from the business community. Prior to introduction, Senator Cornyn worked closely with the immigrant and business communities, including the American Council on International Personnel (ACIP) and the Compete America Coalition, to identify and propose the removal of the obstacles U.S. employers face in recruiting and retaining the most qualified workers.
If enacted, the SKIL Act would provide substantial relief to the current backlog and visa shortage that have hindered the recruitment and retention of highly educated and highly skilled professionals from around the world, including those educated at U.S. universities but unable to stay in the U.S. as a result of the visa shortage. Specifically, the SKIL bill would provide the following changes to current law:
1. Increasing the Annual H-1B Quota and Providing Exemptions
* Increases the annual H-1B cap to 115,000 from 65,000, with a 20% increase for the following year if the quota is reached.
* Modifies the existing 20,000 cap exemption to apply to persons holding master's or higher degree from a foreign institution (current law limits eligibility to U.S. institutions), and exempts from the cap persons who have earned a master's or higher degree from a U.S. institution, as well as those who have been awarded "medical specialty certification based on post-doctoral training and experience in the United States."
2. Increasing the Quota and Providing Exemptions for Employment-Based Immigrant Visa Categories
* Increases the annual cap on employment-based visas from 140,000 to 290,000, and allows for the recapture of unused visas from FY 2001 to 2005.
* Exempts from the quota persons who:
o Hold a master's or higher degree from a U.S. institution;
o Were awarded "medical specialty certification based on post-doctoral training and experience in the United States";
o Are spouses or minor children of the principal applicant;
o Hold a master's or higher degree in science, technology, engineering or mathematics (STEM) (from any country) and who have worked in the U.S. for at least three years in a related field;
o Are deemed to have "extraordinary ability" or are eligible for "national interest" waivers as defined in immigration law; or
o Are employed in an occupation that the Department of Labor (DOL) deems to be lacking sufficient "able, willing, qualified and available" U.S. workers.
* Applies "equally qualified" standard for purposes of labor certification to those who received a master's or higher degree from a U.S. institution, or who were awarded "medical specialty certification based on post-doctoral training and experience in the United States." Under current law, employers are typically required to consider all minimally qualified U.S. workers for a position even if less qualified than the foreign national for whom the employer is seeking certification. Under the "equally qualified" standard, only job applicants who are equally or better qualified than the foreign national listed on the labor certification would need to be considered.
3. Relaxes Restriction on Recruitment of U.S.-Educated Talent
* Extends optional practical training from 12 to 24 months.
* Removes the bar on immigrant intent for F-1 students studying at institutions of higher learning or engaging in optional practical training in a STEM field.
4. Streamlines the Visa and Labor Certification Process
* Allows L visa holders to extend the visa beyond the period of authorized stay if there is a pending adjustment application.
* Allows those with approved labor certifications to apply for adjustment of status by paying a $500 fee, even if there is no visa immediately available.
* Permits domestic visa revalidation, meaning that professionals working in the U.S. on nonimmigrant visas would not have to leave the country to renew their visas.* Requires DOL to process all backlogged applications filed prior to the implementation of the PERM system within 60 days of the bill's enactment.
* Requires the labor agency to respond to prevailing wage determination requests within 20 days, and to respond to employers who submit an acceptable alternative wage survey within 30 days.
* Requires DOL to establish a process to make technical corrections on labor certifications without requiring employers to conduct additional recruitment.
* Requires the Department of Homeland Security (DHS) to establish, within 180 days of enactment, a pre-certification process for employers who file multiple visa petitions, and a similar process for premium processing of employment-based immigrant petitions.
* Allows premium processing of employment-based immigrant visa petitions with payment of an additional fee.
Some excellent provisions for legal immigrants.
http://pubweb.fdbl.com/news1.nsf/9a...c8?OpenDocument
Senate Immigration Subcommittee Chairman John Cornyn introduced the Securing Knowledge, Innovation, and Leadership Act of 2006, or SKIL Act (S. 2691) today. The bill appears to have wide support from the business community. Prior to introduction, Senator Cornyn worked closely with the immigrant and business communities, including the American Council on International Personnel (ACIP) and the Compete America Coalition, to identify and propose the removal of the obstacles U.S. employers face in recruiting and retaining the most qualified workers.
If enacted, the SKIL Act would provide substantial relief to the current backlog and visa shortage that have hindered the recruitment and retention of highly educated and highly skilled professionals from around the world, including those educated at U.S. universities but unable to stay in the U.S. as a result of the visa shortage. Specifically, the SKIL bill would provide the following changes to current law:
1. Increasing the Annual H-1B Quota and Providing Exemptions
* Increases the annual H-1B cap to 115,000 from 65,000, with a 20% increase for the following year if the quota is reached.
* Modifies the existing 20,000 cap exemption to apply to persons holding master's or higher degree from a foreign institution (current law limits eligibility to U.S. institutions), and exempts from the cap persons who have earned a master's or higher degree from a U.S. institution, as well as those who have been awarded "medical specialty certification based on post-doctoral training and experience in the United States."
2. Increasing the Quota and Providing Exemptions for Employment-Based Immigrant Visa Categories
* Increases the annual cap on employment-based visas from 140,000 to 290,000, and allows for the recapture of unused visas from FY 2001 to 2005.
* Exempts from the quota persons who:
o Hold a master's or higher degree from a U.S. institution;
o Were awarded "medical specialty certification based on post-doctoral training and experience in the United States";
o Are spouses or minor children of the principal applicant;
o Hold a master's or higher degree in science, technology, engineering or mathematics (STEM) (from any country) and who have worked in the U.S. for at least three years in a related field;
o Are deemed to have "extraordinary ability" or are eligible for "national interest" waivers as defined in immigration law; or
o Are employed in an occupation that the Department of Labor (DOL) deems to be lacking sufficient "able, willing, qualified and available" U.S. workers.
* Applies "equally qualified" standard for purposes of labor certification to those who received a master's or higher degree from a U.S. institution, or who were awarded "medical specialty certification based on post-doctoral training and experience in the United States." Under current law, employers are typically required to consider all minimally qualified U.S. workers for a position even if less qualified than the foreign national for whom the employer is seeking certification. Under the "equally qualified" standard, only job applicants who are equally or better qualified than the foreign national listed on the labor certification would need to be considered.
3. Relaxes Restriction on Recruitment of U.S.-Educated Talent
* Extends optional practical training from 12 to 24 months.
* Removes the bar on immigrant intent for F-1 students studying at institutions of higher learning or engaging in optional practical training in a STEM field.
4. Streamlines the Visa and Labor Certification Process
* Allows L visa holders to extend the visa beyond the period of authorized stay if there is a pending adjustment application.
* Allows those with approved labor certifications to apply for adjustment of status by paying a $500 fee, even if there is no visa immediately available.
* Permits domestic visa revalidation, meaning that professionals working in the U.S. on nonimmigrant visas would not have to leave the country to renew their visas.* Requires DOL to process all backlogged applications filed prior to the implementation of the PERM system within 60 days of the bill's enactment.
* Requires the labor agency to respond to prevailing wage determination requests within 20 days, and to respond to employers who submit an acceptable alternative wage survey within 30 days.
* Requires DOL to establish a process to make technical corrections on labor certifications without requiring employers to conduct additional recruitment.
* Requires the Department of Homeland Security (DHS) to establish, within 180 days of enactment, a pre-certification process for employers who file multiple visa petitions, and a similar process for premium processing of employment-based immigrant petitions.
* Allows premium processing of employment-based immigrant visa petitions with payment of an additional fee.
Contact info
Can you tell me how exactly you contacted Congressman/senator's office ? Even i am stuck in labor and wish to know about my case status
PD May 2004
RD 45 day letter Oct 2005
Case number D-05111-xxxxx
Can you also provide your case number .thanks in advance.
I have no clue said:
Can you tell me how exactly you contacted Congressman/senator's office ? Even i am stuck in labor and wish to know about my case status
PD May 2004
RD 45 day letter Oct 2005
Case number D-05111-xxxxx
Can you also provide your case number .thanks in advance.
LC Approved!
Well, antonioa77, you assumption seems to be wrong in this case atleast so far.
I received my Labor Approval today 5/2 exactly after 2 weeks of responding to my 45 day letter. I am moving on to file my I-140 and I485.
This forum has been an immense source of information for me, THANK YOU EVERYONE!
antonioa77 said:
Well, antonioa77, you assumption seems to be wrong in this case atleast so far.
I received my Labor Approval today 5/2 exactly after 2 weeks of responding to my 45 day letter. I am moving on to file my I-140 and I485.
This forum has been an immense source of information for me, THANK YOU EVERYONE!
I have no clue
Registered Users (C)
You should be able to know your congressman / senators depending on which your state of residence. Just take an appointment with one of thier staff member, and see him with your case details. Normally we will not be able to see the congessman / senator but they have staff who are specalised in handling the immigration matters. Normally they are the point of our contact with congressman / senator's office. They are very good to follow up with both the Department and with us too.... Good luck!! I have been waiting for nearly 3 years, and I am positive my recent visits to those offices has helped me a lot.
Pegasus503
Registered Users (C)
I too am seeking assistance from the local congressman.I have no clue said:
I felt from a protocol perspective that the initial letter should come my employer, on company letterhead because they are the applicant, the labor certificate will be issued to the company.
Moreover they are able to play the "local business needs assistance with Federal bureaucracy" card.
Plus votes in future elections are important and the corporate people can vote.
Also because I am located in an area of high illegal immigration, it served as a reminder for "legal immigrants who obey the law first".
The congressman's office also contacted my lawyer, then wrote to Dallas BEC.
Dallas BEC replied that they are processing FIFO.
Three months have passed and my lawyer was in contact with the congressman's office last week. I am not sure whether it helps, but it can't hurt and it should make them aware of the problem.
One other point, I drafted the initial letter myself and took it to HR, and then the CEO, it was easier for them to say "yes" to sending the letter because I'd already created one.
Today is day 1255.
D-04320-XXXXX
PD - 25 Nov 2002 submitted to Local state EDD.
RD - 21 Nov 2003 Approved by state (EDD), submitted to Regional Department of Labor
SWA - California
Case entered into Backlog Elimination Center system – 15th November 2004
45-day letter - 11 Feb 2005
45-day Letter returned - 23 Feb 2005
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Chocolate said:
Hi Chocolate:
Just look up your local representative and call the office yourself. They will be very helpful, but in my opinion (from expericence) no very useful. I contacted Gary Miller's office (Brea, CA). The reps were extremely nice and curtious. They did send a letter to the head of the DOL for me, but we got a form letter in return. I doubt this method will speed things up - if it did, we would allbe doing it. That having been said, you have nothing to loose.
PS the reply can take up to 6 months.
Hi,jewelhaque said:
I just received a screenshot from DBEC for my case, thru my employer/attorney. For starters, I am relieved that my case is intact and is waiting in the right line.
Can someone (especially SFMars and other gurus) please tell me what the case # could mean to me at this point?
Also, please update the tracker with details in my signature... thanks a lot everyone. This forum is a great source of information.
Thanks again... keeping my fingers crossed.
Hi Cacanuk,
I'm also from CA, and almost have the same PD and ETA# like yours but I have'nt receive anything yet... Is the local rep shld be from area of work? I'm working between LA county and orange county... which one you think I shld call?
Your input is highly appreciated... thanks
I'm also from CA, and almost have the same PD and ETA# like yours but I have'nt receive anything yet... Is the local rep shld be from area of work? I'm working between LA county and orange county... which one you think I shld call?
Your input is highly appreciated... thanks
RIR on screen shot
I too have almost the same PD and even received the 45 day letter but no news yet
Was transferred to Regional as get a letter from SESA informing it has been sent to Region on 12/12/04. Screen shot also says case source as region.
People with later PD are getting their labor but not me
I too have almost the same PD and even received the 45 day letter but no news yet
Was transferred to Regional as get a letter from SESA informing it has been sent to Region on 12/12/04. Screen shot also says case source as region.People with later PD are getting their labor but not me
bingojohn said:
Pegasus503
Registered Users (C)
cacanuk said:
It achieves two things
It educates officials that the problem exists.
The media concentrates on “illegal immigration”, every commentator I’ve heard is pro legal immigration, but they all assume it functions correctly!
Secondly it questions the integrity of the BEC function and their replies. The form FIFO response is untrue and the empirical evidence supports that. So either BEC is not honestly disclosing or that there is an issue with their competence.
If sufficient congressman began asking questions I would hope there would be a review of BEC functionality.
Each congressman should get a copy of the Immigration Voice web fax
http://immigrationvoice.org
Enclosed
Dear Policymaker
Subject: Request action to improve Performance of Department of Labor – Backorder Elimination Centers
I am writing to you to express concern over the performance of the Department of Labor’s Labor Certification Backlog Elimination Centers (BECs) and urge you to take action to improve their performance. For employment based immigrants, Labor Certification is the first of the multiple step immigration process. DOL-ETA established two BECs in 2004. The first set of backlogged applications was sent to the BECs in November 2004. DOL reports that 363,000+ applications were sent to the BECs. 18 months later, as of April 2006, only 30% of the backlogged applications have been “completed”_ this includes applications for which there were no response to a 45 day letter. Only 14% of the backlogged applications have been certified.
Shifting Target Deadlines
In April 2003, DOL asked for appropriations to clear the backlog in the “next two years”. In November 2004, DOL issued a statement claiming that the backlog will be cleared in the next two years (by November 2006). The in August 2005, DOL_ETA said the backlog will be cleared by CY 2007.
DOL’s Own “PART” Assessment Questions Ability to Meet Deadlines
“The published backlog reduction targets would not result in the elimination in two years, as the program currently plans.” “Ongoing stakeholder concerns and findings from program evaluations or OIG audit conducted in years past raise serious questions about the design, management and accountability of the current program.”
Processing Out of Step in BECs, Not First in First out
Backlog processing at Philadelphia BEC (PBEC) and Dallas BEC (DBEC) is non-transparent. Approvals are not being issued in chronological order.45-day letters which indicate the completion of the data entry are also not being issued in chorological order. Applications from 2004 have been approved while applications from 2002 are still pending. DBEC appears to be currently processing 2004 cases far ahead of PBEC, which is still at 2001, and in both cases 2002 & 2003 remain incomplete. Even cases previously approved at State and Regional level remain pending.
The Backlog Elimination plan came into existence to help the 363,000 applicants whose lives and careers have been stalled for many years due to labor certification backlogs. These applicants cannot get significant promotions, change jobs and may even lose their priority date in the green card process during this long wait. Also the employers of these applicants are unable to secure the permanent employment of the personnel they consider to be assets that they have invested 3 to 8 years into. The purpose of the BECs is defeated if applications are stuck at the BEC for over two years.
Given the current evaluations of the program, stakeholders cannot be content to accept DOL’s currently stated target date of eliminating the backlog by the end of 2007. I urge you to take action, including increasing the resources available to DOL, that will:
1 Speed up the processing of applications – note these applications were sent to the BECs after they had already been pending for years.
2 Make the processing work on a first –in first-out basis.
3 Increase transparency – provide more information to applicants who have been waiting for years.
DOL should produce a monthly report with the number of applications processed, and the priority date, years of pending and processed applications.
...then quote your details....
Then ask your employer, HR or Senior Management to write one on letterhead
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Contact congressman from HOME
I used my "offical" congressman - meaning where I would (but oviously don't ) vote --> HOME.
Here are the steps:
1. http://www.house.gov/
2. Enter you home zip - find your local congressman in the hosue of representatives.
3. Call the local office and ask for an immigration clerk
4. Tell him/her what you are after -- they will send you a "Congressional Casework Authourization Form" to fill out -- basically, gives them permission to inquire on your behalf.
5. Presto - in some months (weeks maybe) you will get a form letter stating that all labor certs are FIFO and a bunch of other meaningless info.
Hope that helps!
chloekyle said:
I used my "offical" congressman - meaning where I would (but oviously don't ) vote --> HOME.
Here are the steps:
1. http://www.house.gov/
2. Enter you home zip - find your local congressman in the hosue of representatives.
3. Call the local office and ask for an immigration clerk
4. Tell him/her what you are after -- they will send you a "Congressional Casework Authourization Form" to fill out -- basically, gives them permission to inquire on your behalf.
5. Presto - in some months (weeks maybe) you will get a form letter stating that all labor certs are FIFO and a bunch of other meaningless info.
Hope that helps!