New York SESA Tracker

Status
Not open for further replies.
At Last Labor Approved

Yes. My Labour has been approved as of today Oct 28th 2004.

Applied at NJ -- Jan 28th 2002
Moved to NY -- Jun 17th 2004 after a RFE from NJ.
Approved Oct 28th 2004.


Best of Luck to all you out there -- Hang in there.
 
ashhegde said:
Yes. My Labour has been approved as of today Oct 28th 2004.

Applied at NJ -- Jan 28th 2002
Moved to NY -- Jun 17th 2004 after a RFE from NJ.
Approved Oct 28th 2004.


Best of Luck to all you out there -- Hang in there.


So yours was NJ case, not NY, correct ?
 
DOL Process Update

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)
©MurthyDotCom
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
©MurthyDotCom
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
 
IF all cases will be moved to BEC so why the New York And SF Regional office will stay processing cases until Jan 2006 ? Do you guys have an answer ?

=======================================================

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
 
ahalem said:
IF all cases will be moved to BEC so why the New York And SF Regional office will stay processing cases until Jan 2006 ? Do you guys have an answer ?

=======================================================

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

it seems they will continue with backlog processing..

from immigration-law.com
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.
 
Desperately need your opinons on NY Oct 2001 Labor Case,

My labor application was file on Oct. 21, 2001 in NewYork. It is still stuck at the state office and my lawyer cannot get any update on this case until it gets moved to the NY regional office. My questions are:
1. If this case gets approved at the NY SESA before 12/31/2004, where it will then be transferred? the regular NY regional office( which will be phased out before 1/1/05), or to the BEC? or to the NPC?
If it doesn't get processed by NY SESA, then where it go? to BEC?

2. For cases processed at BEC, will they be eventually transferred to NPC for DOL's final approval?

3. For cases filed to NPC after 1/1/05, are they going to be worked on immediately and get approved quicker than the old cases at the BEC? If the answer is yes, it doesn't seem logical to me.

Look forward to your input. Thanks.

A confused one...
 
The concept of BEC's sounds good, but when we do the math, I do not find any impressive change (for the better) in the certification process.

Total country wide DOL backlog =~ 310,000
Time estimated to clear the backlog =~ 24 months
so they have to process 310,000/ 24 =~ 12,916 cases per month
So each BEC will have 12,916 / 2 BEC's =~ 6,458 cases per month.

There are about 100 contractors + 35 Federal Certifiers per BEC. Only the 35 Federal Certifiers will be certifying cases.

In the old system, In New York SESA there were about 45 state labor employees certifying about =~ 1500 cases per month.

But definitely, the cases that are to be processed first (oldest cases from states like IN ,CA, NY, DC ....) will benifit from the pooling of resources.
 
Last edited by a moderator:
If I understand correctly from previous postings, all these backlog cases will be processed by all the 4 centers not just 2 BECS atleast until they implement PERM.

-LoveNY


Mykan said:
The concept of BEC's sounds good, but when we do the math, I do not find any impressive change (for the better) in the certification process.

Total country wide DOL backlog =~ 310,000
Time estimated to clear the backlog =~ 24 months
so they have to process 310,000/ 24 =~ 12,916 cases per month
So each BEC will have 12,916 / 2 BEC's =~ 6,458 cases per month.

There are about 100 contractors + 35 Federal Certifiers per BEC. Only the 35 Federal Certifiers will be certifying cases.

In the old system, In New York SESA there were about 45 state labor employees certifying about =~ 1500 cases per month.

But definitely, the cases that are to be processed first (oldest cases from states like IN ,CA, NY, DC ....) will benifit from the pooling of resources.
 
longway01 said:
My labor application was file on Oct. 21, 2001 in NewYork. It is still stuck at the state office and my lawyer cannot get any update on this case until it gets moved to the NY regional office. My questions are:
1. If this case gets approved at the NY SESA before 12/31/2004, where it will then be transferred? the regular NY regional office( which will be phased out before 1/1/05), or to the BEC? or to the NPC?
If it doesn't get processed by NY SESA, then where it go? to BEC?

Ans: there are high chances that if your case was opened at NYSESA, it will be sent to NY DOL since it is going to be open upto 2006.

2. For cases processed at BEC, will they be eventually transferred to NPC for DOL's final approval?

Ans: BEC does the final approval

3. For cases filed to NPC after 1/1/05, are they going to be worked on immediately and get approved quicker than the old cases at the BEC? If the answer is yes, it doesn't seem logical to me.

Ans: I think they will just input the case into system and will be processed according to FIFO(or Filed Date). Remember, they have an integrated system now so I would think that all these 4 centers will share the data and they would pickup the oldest case available(or entered) in the system.

Look forward to your input. Thanks.

A confused one...
 
longway01 said:
My labor application was file on Oct. 21, 2001 in NewYork. It is still stuck at the state office and my lawyer cannot get any update on this case until it gets moved to the NY regional office. My questions are:
1. If this case gets approved at the NY SESA before 12/31/2004, where it will then be transferred? the regular NY regional office( which will be phased out before 1/1/05), or to the BEC? or to the NPC?
If it doesn't get processed by NY SESA, then where it go? to BEC?

2. For cases processed at BEC, will they be eventually transferred to NPC for DOL's final approval?

3. For cases filed to NPC after 1/1/05, are they going to be worked on immediately and get approved quicker than the old cases at the BEC? If the answer is yes, it doesn't seem logical to me.

Look forward to your input. Thanks.

A confused one...


as per murthy.com

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.

It seems NYDOL continue to work until end of 2005 on labor cases..
 
Some trivia...

The best state to file are (were): Maine, Rhode Island and Vermont (4 months)

The worst state to file: Arkansas (58 months RIR)

And to make you feel better: Texas, Oklahoma and Arkansas (95 months REGULAR!)

If BECs meet their 2 year goal to eliminate backlog (from a RIR perspective):

--BECs are GOOD for you if you filed in: Alabama, Guam, Alaska, Delaware, California, New Mexico, Nevada, Washington, Texas, Virginia, New Jersey, Hawaii, NY, Oklahoma, Maryland, Indiana, DC, Arkansas. This is 65%+ of all case.

--BECs are NOT SO GOOD for you if you filed in: Kentucky, Mississippi, North Carolina, South Carolina, Arizona, Tennessee, Philadelphia, Florida, Connecticut, Harrisburg, Michigan, Louisiana, Colorado, Georgia, Oregon. This is about 20% of cases.

--BECs are BAD for you if you filed in: Montana, Maine, Rhode Island, Vermont, Wyoming, North Dakota, Idaho, South Dakota, Kansas, Nebraska, Utah, New Hampshire, Minnesota, Missouri, Ohio, Iowa, West Virigina, Massachussets, Illinois, Wisconsin, Pittsburgh.

So overall 85% of cases will probably see a benefit. 15% will unfortunately will be SIGNIFICANTLY NEGATIVELY IMPACTED.
 
Thanks all for the answers.

If the FIFO will be applied to all the cases, which receipt date will all the offices go by to make a final approval decision, is it the initial filing date at NY SESA? or is the receipt date when the case is transferred from SESA to DOL? If it is latter, then cases in NY will be processed far behind other states that have long backlogs at DOL. According to the latest post I just read, it seems that NY DOL will be there for another year, any sign of NY DOL on accelerating their speed on approving cases? They have been stuck in May 2004 for a while, so sloooowww.
 
Justwatching

JustWatching said:
The best state to file are (were): Maine, Rhode Island and Vermont (4 months)

The worst state to file: Arkansas (58 months RIR)

And to make you feel better: Texas, Oklahoma and Arkansas (95 months REGULAR!)

If BECs meet their 2 year goal to eliminate backlog (from a RIR perspective):

--BECs are GOOD for you if you filed in: Alabama, Guam, Alaska, Delaware, California, New Mexico, Nevada, Washington, Texas, Virginia, New Jersey, Hawaii, NY, Oklahoma, Maryland, Indiana, DC, Arkansas. This is 65%+ of all case.

--BECs are NOT SO GOOD for you if you filed in: Kentucky, Mississippi, North Carolina, South Carolina, Arizona, Tennessee, Philadelphia, Florida, Connecticut, Harrisburg, Michigan, Louisiana, Colorado, Georgia, Oregon. This is about 20% of cases.

--BECs are BAD for you if you filed in: Montana, Maine, Rhode Island, Vermont, Wyoming, North Dakota, Idaho, South Dakota, Kansas, Nebraska, Utah, New Hampshire, Minnesota, Missouri, Ohio, Iowa, West Virigina, Massachussets, Illinois, Wisconsin, Pittsburgh.

So overall 85% of cases will probably see a benefit. 15% will unfortunately will be SIGNIFICANTLY NEGATIVELY IMPACTED.
After this effect what do you think, when will i be getting my LC my PD is 12/06/2001.

Please advice

Best Regards
 
longway01 said:
Thanks all for the answers.

If the FIFO will be applied to all the cases, which receipt date will all the offices go by to make a final approval decision, is it the initial filing date at NY SESA? or is the receipt date when the case is transferred from SESA to DOL? If it is latter, then cases in NY will be processed far behind other states that have long backlogs at DOL. According to the latest post I just read, it seems that NY DOL will be there for another year, any sign of NY DOL on accelerating their speed on approving cases? They have been stuck in May 2004 for a while, so sloooowww.

it is definitely based on PD i.e NY SWA receipt date.

NY Regional is actually processing cases received in June 2004 now. I don't see them going any faster.
 
saburi said:
After this effect what do you think, when will i be getting my LC my PD is 12/06/2001.

Please advice

Best Regards

it's hard to tell with older cases - i really think that in your case once the case is entered to the system it will only take 1-2 months to get processed.

The trick is to better understand how long packaging, shipping, and unpacking at BEC is going to take. I would like to think that for you this is a matter of no more than 3 months.
 
JustWatching said:
it is definitely based on PD i.e NY SWA receipt date.

NY Regional is actually processing cases received in June 2004 now. I don't see them going any faster.

Please update my knowledge here, what is PD?
 
NY SESA progress

It is most credible that NY State is doing Mid-October in their trademark steady, sluggish way. They deserve all to be fired. On the other hand, you need some people to do the job, a delima! If someone filed the case in Nov, such as JustWatching (he has done much more contribution to this forum than others) and Ahalem, they are likely delayed once again by the f**king beauracracy of the labor dept.

The f**king labor dept has not been able to give State clear direction on when to send the backlogged files. They need to hire a consultant to determine which state??? It is obvious. In stead of acting right away, they are once again wasting time, torturing applicants' nerve, to try to "improve" their process. Five years' promising of PERM, elimination of backlog has made no result.

Someone really should send a fax or a letter to the Assistant secretary of the Labor dept, stating their pain.
 
longway01 said:
Please update my knowledge here, what is PD?

PD = Priority Date

This is the date your application was submitted to NY SWA (State Level).

This is the same date that is used to determine visa number assignments once you reach the Adjustment of Status , I-485 process.
 
JustWatching said:
--BECs are BAD for you if you filed in: Montana, Maine, Rhode Island, Vermont, Wyoming, North Dakota, Idaho, South Dakota, Kansas, Nebraska, Utah, New Hampshire, Minnesota, Missouri, Ohio, Iowa, West Virigina, Massachussets, Illinois, Wisconsin, Pittsburgh.

So overall 85% of cases will probably see a benefit. 15% will unfortunately will be SIGNIFICANTLY NEGATIVELY IMPACTED.

I wouldn't jump to this conclusion. In states that have very short waiting time, only applications that are send to BECs will be negatively impacted. But in these states the SWAs may have time to continue processing until March, so they may try to finish up their queue by then and send nothing to the BECs. Remember that they won't be processing any new applications.
 
Status
Not open for further replies.
Top