New York SESA Tracker
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whew!
Quite a development. Thanx guys for the updates. I am totally confused by the memo. I hope the gurus amongst you will clarify.
In SWA/FLC FY 2005 transition Giudance, the very first para mentions that by March 31 2005, all SWA backlogged permanent LC applications will be either transferred to one of the two new BEC (either Philly or Dallas) or assigned to foreign labor certification staff in ETA foreign labor certification office (New York, Boston or San Fran). What does this mean?? What is the role of NY, Boston or San Fran in all these. I was under the impression everything is going to be moved to the new BECs. Please clarify
In next para memo says ETA will maintain FIFO by initiating following steps: ETA will transfer large number of unprocessed cases from SF LC offices to the BECs.
How is FIFO maintained if they choose california ahead of NY??
Also, prior to moving of cases from other states, first they are going to clear philly and Dallas first. Right??
Then what are the implications for New Yorkers?
Hard to say. If one was to assume typical government pace, first the cases have to be shipped, then opened, then filed and then the work starts. he we talking about six months to one more year for cases OCt2001 to Dec2001 (WHich is not good, my LC was filed in Dec2001). BUt then the two BECs have funding only for two years. They will have to close shop in two years. That means they will have have to clear 300, 000 backlogged case in 500 working days. That means 600 cases every single day!
Also the backlogged cases are being worked upon, what will be the role of the national processing centers. SO new cases filed after January 1, 2005 will they be adjucated righ away? If that is so, can I refile my LC on January 1, 2005. ANy thoughts?
PLease clarify.
Quite a development. Thanx guys for the updates. I am totally confused by the memo. I hope the gurus amongst you will clarify.
In SWA/FLC FY 2005 transition Giudance, the very first para mentions that by March 31 2005, all SWA backlogged permanent LC applications will be either transferred to one of the two new BEC (either Philly or Dallas) or assigned to foreign labor certification staff in ETA foreign labor certification office (New York, Boston or San Fran). What does this mean?? What is the role of NY, Boston or San Fran in all these. I was under the impression everything is going to be moved to the new BECs. Please clarify
In next para memo says ETA will maintain FIFO by initiating following steps: ETA will transfer large number of unprocessed cases from SF LC offices to the BECs.
How is FIFO maintained if they choose california ahead of NY??
Also, prior to moving of cases from other states, first they are going to clear philly and Dallas first. Right??
Then what are the implications for New Yorkers?
Hard to say. If one was to assume typical government pace, first the cases have to be shipped, then opened, then filed and then the work starts. he we talking about six months to one more year for cases OCt2001 to Dec2001 (WHich is not good, my LC was filed in Dec2001). BUt then the two BECs have funding only for two years. They will have to close shop in two years. That means they will have have to clear 300, 000 backlogged case in 500 working days. That means 600 cases every single day!
Also the backlogged cases are being worked upon, what will be the role of the national processing centers. SO new cases filed after January 1, 2005 will they be adjucated righ away? If that is so, can I refile my LC on January 1, 2005. ANy thoughts?
PLease clarify.
antonioa77
Registered Users (C)
the memo says that a first shipement in october will be from states with the oldest backlog. as an example, if u r in new york that is one of the slowest states , they r still processing 2001 cases as of now for RIR, but ur PD is april 2004.
so do u expect that the whole queue of rir in new york state will be moved to BEC (including my case) in october ,or just the earliest cases (let's say from 2001 to late 2003 ,as an example) ?
so do u expect that the whole queue of rir in new york state will be moved to BEC (including my case) in october ,or just the earliest cases (let's say from 2001 to late 2003 ,as an example) ?
JustWatching
Registered Users (C)
Lifesaver said:
mid to end November 2004. Please read messages from a couple days ago for more details.
GOD_BLESS_YOU
Registered Users (C)
Murthy bullition
1. DOL Sends Transition Plan to SWAs
©MurthyDotCom
The U.S. Department of Labor (DOL) recently released a Memorandum dated September 29, 2004 (SWA Memo) to all State Workforce Agencies (SWAs) that outlines the transition plan for labor certification processing during Fiscal Year 2005. The SWA Memo provides both a description of what will happen if PERM is implemented and, alternatively, a plan that will be used if PERM is not implemented.
©MurthyDotCom
If PERM is implemented without changes in the version that is at the Office of Management and Budget (OMB), the SWAs will stop accepting labor certification applications 61 days after PERM is published in the Federal Register. The SWAs will continue their work on those aspects of the nonimmigrant programs that are within their province. DOL expects PERM to be issued prior to the end of the 2004 calendar year and to be operational within 60 days of publication. This 60-day estimate is half as long as the 120 days that DOL previously anticipated, and it is not clear whether this time estimate only refers to SWA functions or the entire PERM program. It is expected that PERM cases will be sent to PERM centers in Atlanta and Chicago. The SWAs will be responsible for providing prevailing wage determinations, but the mechanics of how they will provide this information has not yet been explained.
©MurthyDotCom
If PERM is not implemented the role of SWAs will still change significantly under the plan outlined in the SWA Memo. Currently, the SWAs complete initial processing on labor certifications by performing tasks including, but not limited to, assessing whether the labor certifications are properly filed as Reduction in Recruitment (RIR) cases, overseeing recruitment in regular labor certification cases, assigning job codes to the described positions, and determining whether the cases have the proper prevailing wages. Under current procedures the cases then are sent to a Federal Regional office for final certification.
©MurthyDotCom
The DOL, however, intends to fully use the Backlog Reduction Interim Final Rule to transfer existing cases to the Backlog Elimination Centers (BECs) in Philadelphia and Dallas and to send newly filed cases to National Processing Centers (NPCs) in Atlanta and Chicago. This means that, whether PERM centers or NPCs are created, Atlanta and Chicago are expected to become the hub of all future labor certification processing by the end of the calendar year.
©MurthyDotCom
The DOL is already in the process of moving to the BECs in Philadelphia and Dallas. They expect to publish a Notice in the Federal Register within the next few weeks to provide mailing addresses and contact information for these backlog elimination centers.
©MurthyDotCom
SWA funding from the DOL for labor certifications is being cut by approximately 50%, and the SWAs are directed to use at least some of this funding for a full-time employee who will coordinate the transition from a state / federal system to a primarily federally-administered system. This SWA employee will coordinate the shipping of pending labor certification cases that are with the SWAs. In the absence of PERM, the SWA employee will also coordinate sending cases that will continue to be received by the SWAs to the appropriate NPC. The remaining funds are to be used to process cases opened through January 1, 2005, and the processing of old cases that are not transferred to a BEC.
©MurthyDotCom
Prior to January 1, 2005, SWAs are directed to continue accepting and processing labor certification cases. Cases still "open" on that date will be processed as normal until they are ready to be forwarded to the applicable NPC. Cases not open will go to one of the BECs or to foreign labor certification staff in New York, Boston, or San Francisco.
©MurthyDotCom
The SWAs are instructed to date-stamp labor certification applications they receive after January 1, 2005, but to forward them directly to one of the NPCs without further action. The DOL expects to publish a notice in the Federal Register that labor certifications filed with the SWAs after January 1, 2005 will be sent to the NPCs for processing. Presumably, this Notice will not be published until there is a final decision on whether PERM will be implemented.
©MurthyDotCom
Under this plan, as with the PERM plan, the SWAs will still continue their nonimmigrant-related work.
©MurthyDotCom
While cases transferred to the BECs will continue to be processed on RIR or regular labor certification tracks, the DOL will use a first-in / first-out (FIFO) principle in processing all cases, regardless of where a case was originally filed. This means that no one should be forum shopping for the fastest jurisdiction under this plan. Cases from the San Francisco DOL office will be sent to both of the BECs, as this office has some of the oldest cases in the country.
©MurthyDotCom
SWAs will start receiving directions in October 2004 on how and when to send cases to Philadelphia or Dallas. Initially, cases at the SWAs with the earliest filing dates, regardless of geographic location, will be transferred to the BECs. These cases should start moving at the end of October 2004. Not all SWAs will be affected by this first move as the DOL is trying to get the oldest cases moved first. After the oldest cases are processed, additional cases will be transferred between January 2005 and March 2005. These cases will include all labor certifications received by the SWAs prior to December 31, 2004, on which the SWA had not started work.
©MurthyDotCom
Cases from the SWAs in Alabama, Georgia, Massachusetts, New York, Rhode Island, Virgin Islands, Connecticut, Kentucky, Mississippi, North Carolina, South Carolina, Virginia, Delaware, Maine, New Hampshire, Pennsylvania, Tennessee, Washington D.C., Florida, Maryland, New Jersey, Puerto Rico, Vermont, and West Virginia are currently assigned to send their labor certifications to the National Processing Center in Atlanta, as and when directed.
©MurthyDotCom
Cases from the Alaska, Colorado, Illinois, Louisiana, Montana, North Dakota, South Dakota, Wisconsin, Arizona, Guam, Indiana, Michigan, Nebraska, Ohio, Texas, Wyoming, Arkansas, Hawaii, Iowa, Minnesota, Nevada, Oklahoma, Utah, California, Idaho, Kansas, Missouri, New Mexico, Oregon, and Washington SWAs are currently assigned to send their labor certifications to the National Processing Center in Chicago, as and when directed.
©MurthyDotCom
While no legal interpretations of DOL rules and regulations are being changed under the SWA Memo if PERM is not implemented, the procedural changes may impact how cases are processed. Many SWAs had slightly different viewpoints on the application of the labor certification laws and regulations, as did the regional DOL offices. With only the two Backlog Elimination Centers that are expected to close once the backlog elimination is complete, and the two National Processing Centers, greater consistency can be expected in terms of both the interpretation of rules and the processing times.
©MurthyDotCom
We at The Law Office of Sheela Murthy, P.C., will continue to monitor these important developments and report to you whether the PERM or the non-PERM plan will be implemented. We will continue to assess the implications for our MurthyDotCom and MurthyBulletin readers.
©MurthyDotCom
1. DOL Sends Transition Plan to SWAs
©MurthyDotCom
The U.S. Department of Labor (DOL) recently released a Memorandum dated September 29, 2004 (SWA Memo) to all State Workforce Agencies (SWAs) that outlines the transition plan for labor certification processing during Fiscal Year 2005. The SWA Memo provides both a description of what will happen if PERM is implemented and, alternatively, a plan that will be used if PERM is not implemented.
©MurthyDotCom
If PERM is implemented without changes in the version that is at the Office of Management and Budget (OMB), the SWAs will stop accepting labor certification applications 61 days after PERM is published in the Federal Register. The SWAs will continue their work on those aspects of the nonimmigrant programs that are within their province. DOL expects PERM to be issued prior to the end of the 2004 calendar year and to be operational within 60 days of publication. This 60-day estimate is half as long as the 120 days that DOL previously anticipated, and it is not clear whether this time estimate only refers to SWA functions or the entire PERM program. It is expected that PERM cases will be sent to PERM centers in Atlanta and Chicago. The SWAs will be responsible for providing prevailing wage determinations, but the mechanics of how they will provide this information has not yet been explained.
©MurthyDotCom
If PERM is not implemented the role of SWAs will still change significantly under the plan outlined in the SWA Memo. Currently, the SWAs complete initial processing on labor certifications by performing tasks including, but not limited to, assessing whether the labor certifications are properly filed as Reduction in Recruitment (RIR) cases, overseeing recruitment in regular labor certification cases, assigning job codes to the described positions, and determining whether the cases have the proper prevailing wages. Under current procedures the cases then are sent to a Federal Regional office for final certification.
©MurthyDotCom
The DOL, however, intends to fully use the Backlog Reduction Interim Final Rule to transfer existing cases to the Backlog Elimination Centers (BECs) in Philadelphia and Dallas and to send newly filed cases to National Processing Centers (NPCs) in Atlanta and Chicago. This means that, whether PERM centers or NPCs are created, Atlanta and Chicago are expected to become the hub of all future labor certification processing by the end of the calendar year.
©MurthyDotCom
The DOL is already in the process of moving to the BECs in Philadelphia and Dallas. They expect to publish a Notice in the Federal Register within the next few weeks to provide mailing addresses and contact information for these backlog elimination centers.
©MurthyDotCom
SWA funding from the DOL for labor certifications is being cut by approximately 50%, and the SWAs are directed to use at least some of this funding for a full-time employee who will coordinate the transition from a state / federal system to a primarily federally-administered system. This SWA employee will coordinate the shipping of pending labor certification cases that are with the SWAs. In the absence of PERM, the SWA employee will also coordinate sending cases that will continue to be received by the SWAs to the appropriate NPC. The remaining funds are to be used to process cases opened through January 1, 2005, and the processing of old cases that are not transferred to a BEC.
©MurthyDotCom
Prior to January 1, 2005, SWAs are directed to continue accepting and processing labor certification cases. Cases still "open" on that date will be processed as normal until they are ready to be forwarded to the applicable NPC. Cases not open will go to one of the BECs or to foreign labor certification staff in New York, Boston, or San Francisco.
©MurthyDotCom
The SWAs are instructed to date-stamp labor certification applications they receive after January 1, 2005, but to forward them directly to one of the NPCs without further action. The DOL expects to publish a notice in the Federal Register that labor certifications filed with the SWAs after January 1, 2005 will be sent to the NPCs for processing. Presumably, this Notice will not be published until there is a final decision on whether PERM will be implemented.
©MurthyDotCom
Under this plan, as with the PERM plan, the SWAs will still continue their nonimmigrant-related work.
©MurthyDotCom
While cases transferred to the BECs will continue to be processed on RIR or regular labor certification tracks, the DOL will use a first-in / first-out (FIFO) principle in processing all cases, regardless of where a case was originally filed. This means that no one should be forum shopping for the fastest jurisdiction under this plan. Cases from the San Francisco DOL office will be sent to both of the BECs, as this office has some of the oldest cases in the country.
©MurthyDotCom
SWAs will start receiving directions in October 2004 on how and when to send cases to Philadelphia or Dallas. Initially, cases at the SWAs with the earliest filing dates, regardless of geographic location, will be transferred to the BECs. These cases should start moving at the end of October 2004. Not all SWAs will be affected by this first move as the DOL is trying to get the oldest cases moved first. After the oldest cases are processed, additional cases will be transferred between January 2005 and March 2005. These cases will include all labor certifications received by the SWAs prior to December 31, 2004, on which the SWA had not started work.
©MurthyDotCom
Cases from the SWAs in Alabama, Georgia, Massachusetts, New York, Rhode Island, Virgin Islands, Connecticut, Kentucky, Mississippi, North Carolina, South Carolina, Virginia, Delaware, Maine, New Hampshire, Pennsylvania, Tennessee, Washington D.C., Florida, Maryland, New Jersey, Puerto Rico, Vermont, and West Virginia are currently assigned to send their labor certifications to the National Processing Center in Atlanta, as and when directed.
©MurthyDotCom
Cases from the Alaska, Colorado, Illinois, Louisiana, Montana, North Dakota, South Dakota, Wisconsin, Arizona, Guam, Indiana, Michigan, Nebraska, Ohio, Texas, Wyoming, Arkansas, Hawaii, Iowa, Minnesota, Nevada, Oklahoma, Utah, California, Idaho, Kansas, Missouri, New Mexico, Oregon, and Washington SWAs are currently assigned to send their labor certifications to the National Processing Center in Chicago, as and when directed.
©MurthyDotCom
While no legal interpretations of DOL rules and regulations are being changed under the SWA Memo if PERM is not implemented, the procedural changes may impact how cases are processed. Many SWAs had slightly different viewpoints on the application of the labor certification laws and regulations, as did the regional DOL offices. With only the two Backlog Elimination Centers that are expected to close once the backlog elimination is complete, and the two National Processing Centers, greater consistency can be expected in terms of both the interpretation of rules and the processing times.
©MurthyDotCom
We at The Law Office of Sheela Murthy, P.C., will continue to monitor these important developments and report to you whether the PERM or the non-PERM plan will be implemented. We will continue to assess the implications for our MurthyDotCom and MurthyBulletin readers.
©MurthyDotCom
JustWatching
Registered Users (C)
gcby2020 said:
- Well apparently not all cases are going to the BECs.
- The fact that the San Francisco cases are being transferred first doesn't mean that cases will be processed first.
- While there was speculation about Philly and Dallas moving first this memo does not valiate this. Regardless, I think they may transfer the cases but still work the queues based on Priority Date.
- Backlog centers are supposed to have about 100 staff each. The averages cases per staff was 50 cases per month. This means each center would be able to process 5,000 cases per month. 60,000 cases per year. A total of 240,000 cases for both centers for the two years. The backlog is 300,000 minus what is in process. I think they will be close.
- The national processing centers are probably a gamble. I assume you are referring to cases being sent to Atlanta and Chicago after January 1. First this will only happen if PERM is not approved. It is also not clear what would happen to cases in the National Centers after March 31, 2005. But I guess if you send your case on January 3,2005 ODDS are your case would get processed right away unless 100,000 other people figure this out (especially now that you have posted here) and you recreate another April 2001.
JustWatching
Registered Users (C)
antonioa77 said:
Who knows?
But with a 2004 PD in NY its probably not going to make any difference. It would either get transferred in October or in January but in the end it would probably get transferred.
OT : I get a Virus Warning
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I get this warning from Norton Anti Virus whenever I visit this board...
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Guys,
I get this warning from Norton Anti Virus whenever I visit this board...
Does anyone else also get this error ?
Please Notify Your Help Desk
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Date found: Fri Oct 22 10:48:42 2004
quickmouse
Registered Users (C)
There were a batch of cases sent to NY regional DOL. I checked 212-337-2193 this morning and found that 6 cases with DOT CODE 030-162-014 were transfered there on 10/21.
Then I called 212-337-2184. It seems they could not find my case among those 6
Then I called 212-337-2184. It seems they could not find my case among those 6
gc_ny_victim
Registered Users (C)
RIR processing time or Regular Processing Time ?
Thanks for the analysis. Do you know if RIR processing dates are only the factors in determining which state SWAs will transfer their cases to BECs first or processing dates of regular cases are also being considered ?
The reason I am asking this is because I see states which are ahead in RIR but lagging behind in their regular processing (some go back to 1999 )
Hope they don't loose our cases while transferring to BECs.
Good Luck eveyone.
eastwest said:
Thanks for the analysis. Do you know if RIR processing dates are only the factors in determining which state SWAs will transfer their cases to BECs first or processing dates of regular cases are also being considered ?
The reason I am asking this is because I see states which are ahead in RIR but lagging behind in their regular processing (some go back to 1999
)Hope they don't loose our cases while transferring to BECs.
Good Luck eveyone.
JustWatching
Registered Users (C)
gc_ny_victim said:Thanks for the analysis. Do you know if RIR processing dates are only the factors in determining which state SWAs will transfer their cases to BECs first or processing dates of regular cases are also being considered ?
The reason I am asking this is because I see states which are ahead in RIR but lagging behind in their regular processing (some go back to 1999
Hope they don't loose our cases while transferring to BECs.
Good Luck eveyone.
I actually did a combined ranking. The only state that would be in question that would matter to us is Connecticut. So for NY purposes I doubt it's going to matter.
About half the states are still stuck in 2001 REGULAR cases.
I have also seen the training manual that will be used at the Backlog Centers. There is one team for REGULAR and one team for RIR so they aren't getting combined into a single queue.
Also remember that cases will be transferred now and on January 2005 - all by March 2005. So I'm guessing the first transfer will include cases at least through middle of 2003 and then remaining cases in January 2005.
Bottomline if your case is very old it will go in the first wave. If your case is not that old then it won't matter which wave it goes in.
PainfulGC123
Registered Users (C)
eastwest said:
I think Virginia should have yellow color in your spread sheet. Please clarify.
Thanks!
JustWatching
Registered Users (C)
unclear said:
thanks, I was actually trying to find out what the PD for San Francisco cases was?
Even if that is the case, San Francisco apps are going to get split between the backlog centers. And then only the cases with PD between April 2002 and October 2002 would be ahead of eastwest's Nov 2002 PD.
Do you know how many cases are pending at San Francisco Regional?
happygcbasten
Registered Users (C)
2nd application?
Good analysis guys.
For my situation, my PD is Aug 2004. I wonder if it is possible for me to submit another application on Jan 2005 without withdrawing the old case to have a try? Is there any regulation about this?
Thanks,
Good analysis guys.
For my situation, my PD is Aug 2004. I wonder if it is possible for me to submit another application on Jan 2005 without withdrawing the old case to have a try? Is there any regulation about this?
Thanks,
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