Labor certification -- new Guide lines

[GOD_BLESS_YOU]

DOL National Processing Centers and Backlog Elimination Centers Operation Guidance

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10/20/2004: DOL National Processing Centers and Backlog Elimination Centers Operation Guidance
AILA has released the DOL Memo of September 29, 2004 to give guidance to the State labor certification offices (SWA) on the changes of operation of permanent labor certification application in connection with the launch and operation of the Backlog Elimination Centers (BEC) in Philadelphia and Dallas and the National Processing Centers (NPC) for the PERM in Chicago and Atlanta. The Memo indicates that the BEC has gone into operation since the beginning of the FY 2005, October 1, 2004, and the NPC will go into operation by the end of the year, December 31, 2004. The Memo indicates that these new national processing system of the permanent labor certification applications will be in place regardless of the PERM Program which is currently stalled at the White House for the OMB Review.

Timeline-Cutoff Date: (1) If the PERM regulation is released by the White House and published by the DOL, the current labor certification system including RIR will be ceased "60 day" from the date of the release of the regulation. Should this happen, the labor departments will not accept old labor certification applications and the state offices will be phased out when it comes to processing of the permanent labor certification applications from the date. This timeline implies that assuming that the PERM regulation will be released right after the national election, unless the employers are ready to file RIR applications within the next two months or so after completing the recruitment, it will be too late for them to file the applications under the labor certification system. (2) If the PERM regulation collapses due to the disagreement by the White House, the DOL will continue to operate the permanent labor certification system under the existing rule but under the completely different processing system as follows. The cut-off date is January 1, 2005.
New Permanent Labor Certification Processing System: Permanent labor certification will be totally converted into a "national processing" system effective January 1, 2005 and the state offices will be phased out as of January 1, 2005 in a manner which is described below. Conversion into the national processing system will bring about a steeper change than the simple change of processing agency in that the permanent labor certification applications will be processed under the "uniform" national queue regardless of the locations and under the rule of the "FIFO" ( First In First Out) regardless of the locations. Accordingly, the NPCs and BECs will process the cases in the order of the priority date of each application no matter where the case was filed. This change will result in some big consequencesto the labor certification waiters: The oldest backlog cases will be processed first regardless of the locations. This inevitably forces the DOL (NPC and BEC) to focus on the cases which are pending in certain locations such as San Francisco and big 10 states where there are a huge number of backlog cases going back to years and years. The big losers will be people in those states who enjoyed prompt processing until now (mostly small states) such as New Hemphshire, Vermont, Maine, Minnesota, Iowa, Nebraska, etc. Since the labor certification will be processed under a uniform "national" processing schedule on a FIFO basis, the people in these states will witness negative changes in the processing times. Processing Changes and Timelines: The current Regions and State Offices will be gradually phased out as follows:
The State offices will cease to take a new permanent labor certification applications effective January 1, 2005 regardless of the PERM program.
Until January 1, 2005, the State Offices will take new cases under the existing labor certification regulation.
If the State Offices complete processing of certain cases and are ready for forwarding to the current Regional Offices for certification before the end of the year, they are required to forward the completed cases to the current Regional Certifying Officers as they did it in the past.
If the State Offices opened the cases but were unable to complete processing of the opened cases by December 31, 2004, they are required to continue and complete processing of such cases and forward such cases for certification not to the Regional Certifying Officer but to one of the NPC in Chicago or Atlanta.
If the State Offices have cases which were received but unopened or processed, such cases are required to be transferred to the BECs in Philadelphia and Dallas under the following schedules:
10/1/04: Large number of oldest cases will be transferred to the BEC from San Francisco.
Early October - End of October 2004: The oldest cases from other Regions and States will be transferred to the BEC.
January - March 2005: Rest of the backlog cases will be transferred to the BEC (Philadelphia, Dallas) or the Regional Offices in New York, Boston, San Francisco.
Under the schedules, only "unopened" cases are allowed to be transferred to the BEC. Consequently, "opened" cases will be kept being processed by the State Offices even after March 2005.

The new system is equitable and admirable in the sense that it totally eliminates inequity and unfairness that have existed until now depending on where an immigrant goes through the labor certification process. It will, however, be taken by some people in certain states as a shock. Life changes.


SOURCE:
http://www.immigration-law.com
Click on Breaking News and scroll down...

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Department of Labor to Change Labor Certification Processing in Fiscal Year 2005, Whether or Not PERM is Passed

The Department of Labor (DOL) has been talking about implementing PERM, or the Program Electronic Review Management System, since early 1999. Ever since DOL conceived of the PERM program, it has been promising that regulations would soon be promulgated to implement PERM. It was not until 2002 that DOL finally published proposed PERM regulations. It was thought that shortly after they were published, DOL would publish a final rule implementing PERM. It is now 2004 and still no final rule has been published.

At this point, the final PERM regulations are expected to be published by the end of calendar year 2004, and should be operational within 60 days of their publication. However, given DOL’s track record with implementing PERM, this may or may not happen.

When the final rule is published on PERM, it will streamline Labor Certification processing. In an effort to move toward that goal of streamlining Labor Certifications, even in the event that a final rule is not published, the Department of Labor has come up with a contingency plan that will change Labor Certification processing from a state-federal system into a federal system during FY 2005. This plan will only go into effect in the event that the PERM regulations are not published.

The Assistant Secretary for Employment and Training, Emily Stover DeRocco, issued a memo to State Workforce Agency Administrators apprising them of the plans to streamline Labor Cert processing during FY 2005. The Transition Guidance memo does not explain how PERM will change Labor Certification processing. Rather, the memo explains that even if the PERM regulations are not adopted by the end of the calendar year, the Department of Labor will make changes to streamline Labor Certification processing. It details those changes.

Following are highlights from the memo. For more information, read the memo.

1. SWA’s will be responsible to accept Labor Certification applications, but will no longer be responsible for processing the applications.
2. Labor Cert. processing will shift from the SWA’s to a centralized federal location where federal and state processing will be consolidated.
3. The Department of Labor will establish Backlog Elimination Centers in Philadelphia and Dallas, and Labor Certification applications currently pending at the Federal level will be processed by the Backlog Elimination Centers. They will eventually handle backlogs from the SWA’s as well.
4. National Processing Centers will be established in Atlanta and Chicago where all applications (except for those processed through the Backlog Reduction Centers) will be processed. The national centers should be operational by the end of this year.
5. After January 1, 2005, if PERM is not published, the SWAs will continue to “date stamp” and log in any Labor Certs they receive for processing. They will then forward the new cases to the new Atlanta or Chicago National Processing Centers for adjudication.
6. The SWA’s will continue to be funded through FY 2005 to coordinate this transfer of cases to the federal processing centers, as well as to provide prevailing wage determinations (including for the H-1B program).

In short, this means that even if PERM is not passed, the Labor Certification processing procedures will be totally different starting on January 1, 2005. Labor Cert processing will be administered entirely by the federal government which, in theory at least, should cut down on the processing time. One definite result of these changes will be to introduce uniformity in Labor Certification processing times across the country. No longer will people in places like New York and Washington D.C. have to wait 2+ years for a Labor Certification approval while people in Boston and Denver only have to wait 2 months.

SOURCE:
http://www.usvisahelp.com/nw_vol3_iss12.html

original memo:

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[GOD_BLESS_YOU]

DOL Transition -- Updates

1. DOL Transition Watch: DOL Provides More Insight
©MurthyDotCom
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, 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.
©MurthyDotCom
DOL Vision for Uniform Processing Times and National Standards
©MurthyDotCom
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.
©MurthyDotCom
Backlog Elimination Centers (BECs)
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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.
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
PERM / National Processing Centers
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
New York and San Francisco Regional Offices
©MurthyDotCom
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.
©MurthyDotCom
SWAs
©MurthyDotCom
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.
©MurthyDotCom
Conclusion
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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.
©MurthyDotCom
© 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved


©MurthyDotCom
2. DOL Region 5 Reorganized
©MurthyDotCom
In anticipation of the implementation of the DOL transition plan described in our October 22, 2004 MurthyBulletin article, DOL Sends Transition Plan to SWAs, available on MurthyDotCom, the U.S. Department of Labor (DOL) has issued a recent memo to State Workforce Agencies (SWAs), informing them that the DOL Region 5 (Chicago) has been reorganized.
©MurthyDotCom
The plan is to move federal foreign labor certification staff nationwide, into the newly-created National Processing Centers (NPC) in Atlanta and Chicago by the end of calendar year 2004. This Memo, issued on October 21, 2004, continues to refer to the centers in Atlanta and Chicago as PERM centers, which seems to indicate that the DOL has not yet given on the implementation of PERM. As was explained in our article cited above covering the Transition Plan, however, these processing centers will be utilized with or without PERM. They either will act as PERM processing centers or National Processing Centers, depending upon the fate of PERM. The Region 5 Reorganization memo also indicates an address for the Chicago Perm Processing Center, which presumably would become the Chicago National Processing Center if PERM is not implemented.
©MurthyDotCom
We continue to closely monitor the ongoing changes with the DOL and the labor certification processing procedures to assist you in your planning. We will inform MurthyDotCom and MurthyBulletin readers as these events unfold and changes occur

 

[averagedesi]

can you provide links to the information you are referring on murthy.com ??

Also as per the new guidelines since all LC's will be processed at the national processing centers starting Jan 1, 2005. Does it make sense to wait until then if one hasnt started one yet??, I dont wanna end up at the bottom of the pile in a BEC if I file in the next month.

Thanks

 

[navdod]

which PD for FIFO?

Hi all,
in the message "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. "
Does any one know for sure which received date is used to sort the cases in the FIFO: SWA (state RD) or the Federal DOL RD?

The SWA RD would make more sense since that the first time that the process begins and since the 485 RD is based on that as well.

Thanks

 

[Kathmandu]

 

[gy75]

averagedesi :

My employer just started advertisement. I don't know if I should file LC before 12/31 or after. It seems NPC would process all cases submitted after 12/31, but if PERM is in effect, then NPC will use a much more strict rule on my case, and my current advertisement may not work for them. If I file LC before 12/31, my case will be in the bottom. So confusing, do you have any idea?