http://boards.immigration.com/showthread.php?s=&threadid=91298
Excerpt from above link:
3. Briefing from Bureau of Citizenship and Immigration Services Service Center Directors
Speakers
Terry Way
Director
Nebraska Service Center
Bureau of Citizenship and Immigration Services
Donald Neufeld
Director
California Service Center
Bureau of Citizenship and Immigration Services
Paul Novak
Director
Vermont Service Center
Bureau of Citizenship and Immigration Services
Evelyn Upchurch
Director
Texas Service Center
Bureau of Citizenship and Immigration Services
Cynthia Lange
Partner
Fragomen, Del Rey, Bernsen and Loewy
· The biggest challenge for all of the Service Centers are the backlogs. Each has the goal of working to decrease the backlogs. The Service Centers were overwhelmed by the background check requirements. They have worked to decrease the processing time for these checks and to increase the automation of the process. The Service Centers’ ability to reduce the backlog is tied to available resources, enhancements in automation, increased training, and increased levels in expertise. A precertification program for companies may also help with backlog reduction.
· The VSC processing time is negatively impacted by the high number of TPS filings and the statutory processing time for these cases.
· EAD extension may only be filed 120 days before expiration. If an EAD is not issued in the appropriate time frame, an interim EAD may be obtained from many of the District Offices. The Service Centers do not favor allowing filings for EAD extensions earlier than the present 120 days because they believe this will only add to their workload. There would also be a storage issue. The Centers are working to complete all adjudications of these cases within the required period of time, which will eliminate the need for earlier filings or obtaining an EAD from a District Office.
· The Service Centers do not have an agreed upon period of excusable time for a gap in employment for an H-1B worker changing jobs,. The Centers have discretion to make these decisions. Some adjudicators will approve the underlying petition filed, but will not approve the change of employer or extension, requiring the beneficiary to travel abroad to obtain the H-1B.
· There have been no changes in review standards. The Centers suggest that all cases be filed with all appropriate documentation. All information should be included in the initial filing. This will also help to reduce RFEs issued. If an RFE is received, even if it seems unwarranted, a reply should be sent to the Service Center.
Service Center Overviews
· The Texas Service Center (TSC) received 1.1 million filings in the last twelve months. TSC employs approximately 500 federal employees and 500 contractors. The TSC is housed in two buildings and a lease on a third building was just signed.
· The Nebraska Service Center (NSC) receives approximately 1.4 million filings each year. The backlog grows by 30,000 to 40,000 filings each month. The NSC has approximately 1,100 employs evenly split between federal and contract employees. There will be 130 new staff in the near future. The Center has three locations.
· The Vermont Service Center (VSC) received 1.4 million filings last year and will likely exceed this amount this year.
· The California Service Center (CSC) is in one location, but will be expanding to include an offsite location. The Center has 700 federal and 600 contract employees. 1.5 million filings are anticipated for this year. There are 1.2 million cases pending.
· The National Customer Service Center will not eliminate the inquiry process procedures in place at the Service Centers. For example, the fax inquiry procedure in place at the CSC will continue to be in place.
Service Center Contact Information
National Customer Service Center phone number is (800) 375-5283.
CSC
Address:
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
Bureau of Citizenship and Immigration Services
California Service Center
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
Employer-related Immigration Matters (BCIS Office of Business Liaison): Call (800) 357-2099
NSC
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
BCIS Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501-2521
Employer-related Immigration Matters (BCIS Office of Business Liaison): Call (800) 357-2099
TSC
Address:
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
BCIS Texas Service Center
P.O. Box 851488
Mesquite, TX 75185-1488
In the case of an emergency, the TSC can be contacted by FAX. FAX
inquiries are not intended for routine status checks.
Contact FAX Numbers:
Premium Processing Services: Fax (214) 962-5525
Employment-Based Services: Fax (214) 962-5520
Adjustment Services: Fax (214) 962-5103
Family Services: Fax (214) 962-5443
Naturalization Services: Fax (214) 489-4049
VSC
Address:
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services
P.O. Box 1000
Saint Albans, Vermont 05479
Employer-related Immigration Matters (BCIS Office of Business Liaison): Call (800) 357-2099
4. Briefing with the Department of Labor (DOL)
Speakers
William Carlson, Ph.D.
Chief, Foreign Labor Certification
Employment and Training Administration
Department of Labor
William Lesser
Deputy Associate Solicitor
Fair Labor Standards Division
Office of the Solicitor
Department of Labor
David Minsky
Senior Policy Advisors
Wage and Hour Division
Department of Labor
Harry Sheinfeld
Counsel For Litigation
Division of Employment and Training Legal Services
Office of the Solicitor
Department of Labor
Howard Gordon
Senior Counsel
Fragomen, Del Rey, Bernsen and Loewy
Michael Turansick
Partner
Fragomen, Del Rey, Bernsen and Loewy
· The DOL stated that the PERM program has been unfairly compared to the RIR program. PERM is to replace the totality of the current labor certification program. This includes the old system that required three days of supervised recruitment. PERM brings together RIR and traditional processing. The PERM final rule will likely be published by late fall. Implementation is planned by the end of the calendar year. There are plans to educate users of the program between the final rule publication and the implementation.
· The electronic portion of the PERM program will be alpha and beta tested. DOL will include ACIP in this testing.
· It is anticipated that budgetary funding in the next two years and PERM will eliminate the backlogs. There are currently 300,000 cases in the backlog. Backlogs are not increasing.
· DOL is not working with BCIS regarding the possible increase in I-140 filings after the implementation of PERM.
· PERM will allow filings under the traditional and RIR programs to retain their priority dates, but refile under PERM. How this will be accomplished has not yet been decided.
· The purpose of PERM is to streamline processing to increase efficiency, eliminate and stop all future backlogs, without adding additional staff or funding. These goals necessitated a program that required “cookie cutter” filings without much individualization. This system does not allow for variation in ad requirements, recruitment or requirements tailored to the specific employer.
· H-1B complaints have increased since Fiscal Year 2000. In FY 2000 there were 140 complaints, 120 investigations and 58 final investigations. No violation was found in 7 cases, 51 violations were found, and back wages were accessed in 49 cases totaling over a million dollars. There were 3 debarments. In Fiscal Year 2001 there were 269 complaints, 200 investigations and 60 final investigations. No violations were found in 6 cases, 54 violations were found, and back wages were accessed in 48 cases totaling over one million dollars. In Fiscal Year 2002 there were 262 complaints, 190 investigations and 134 final investigations. No violations were found in 23 cases, 112 violations were found and back wages accessed in 94 cases totaling over 4 million dollars. There were 7 debarments. Through March of this Fiscal Year there have been 87 complaints, 72 investigations and 71 final investigations. No violations were found in 9 cases, 62 violations were found and back wages were accessed totaling over 2 million dollars. There have been 11 debarments.
Excerpt from above link:
3. Briefing from Bureau of Citizenship and Immigration Services Service Center Directors
Speakers
Terry Way
Director
Nebraska Service Center
Bureau of Citizenship and Immigration Services
Donald Neufeld
Director
California Service Center
Bureau of Citizenship and Immigration Services
Paul Novak
Director
Vermont Service Center
Bureau of Citizenship and Immigration Services
Evelyn Upchurch
Director
Texas Service Center
Bureau of Citizenship and Immigration Services
Cynthia Lange
Partner
Fragomen, Del Rey, Bernsen and Loewy
· The biggest challenge for all of the Service Centers are the backlogs. Each has the goal of working to decrease the backlogs. The Service Centers were overwhelmed by the background check requirements. They have worked to decrease the processing time for these checks and to increase the automation of the process. The Service Centers’ ability to reduce the backlog is tied to available resources, enhancements in automation, increased training, and increased levels in expertise. A precertification program for companies may also help with backlog reduction.
· The VSC processing time is negatively impacted by the high number of TPS filings and the statutory processing time for these cases.
· EAD extension may only be filed 120 days before expiration. If an EAD is not issued in the appropriate time frame, an interim EAD may be obtained from many of the District Offices. The Service Centers do not favor allowing filings for EAD extensions earlier than the present 120 days because they believe this will only add to their workload. There would also be a storage issue. The Centers are working to complete all adjudications of these cases within the required period of time, which will eliminate the need for earlier filings or obtaining an EAD from a District Office.
· The Service Centers do not have an agreed upon period of excusable time for a gap in employment for an H-1B worker changing jobs,. The Centers have discretion to make these decisions. Some adjudicators will approve the underlying petition filed, but will not approve the change of employer or extension, requiring the beneficiary to travel abroad to obtain the H-1B.
· There have been no changes in review standards. The Centers suggest that all cases be filed with all appropriate documentation. All information should be included in the initial filing. This will also help to reduce RFEs issued. If an RFE is received, even if it seems unwarranted, a reply should be sent to the Service Center.
Service Center Overviews
· The Texas Service Center (TSC) received 1.1 million filings in the last twelve months. TSC employs approximately 500 federal employees and 500 contractors. The TSC is housed in two buildings and a lease on a third building was just signed.
· The Nebraska Service Center (NSC) receives approximately 1.4 million filings each year. The backlog grows by 30,000 to 40,000 filings each month. The NSC has approximately 1,100 employs evenly split between federal and contract employees. There will be 130 new staff in the near future. The Center has three locations.
· The Vermont Service Center (VSC) received 1.4 million filings last year and will likely exceed this amount this year.
· The California Service Center (CSC) is in one location, but will be expanding to include an offsite location. The Center has 700 federal and 600 contract employees. 1.5 million filings are anticipated for this year. There are 1.2 million cases pending.
· The National Customer Service Center will not eliminate the inquiry process procedures in place at the Service Centers. For example, the fax inquiry procedure in place at the CSC will continue to be in place.
Service Center Contact Information
National Customer Service Center phone number is (800) 375-5283.
CSC
Address:
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
Bureau of Citizenship and Immigration Services
California Service Center
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
Employer-related Immigration Matters (BCIS Office of Business Liaison): Call (800) 357-2099
NSC
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
BCIS Nebraska Service Center
P.O. Box 82521
Lincoln, NE 68501-2521
Employer-related Immigration Matters (BCIS Office of Business Liaison): Call (800) 357-2099
TSC
Address:
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
BCIS Texas Service Center
P.O. Box 851488
Mesquite, TX 75185-1488
In the case of an emergency, the TSC can be contacted by FAX. FAX
inquiries are not intended for routine status checks.
Contact FAX Numbers:
Premium Processing Services: Fax (214) 962-5525
Employment-Based Services: Fax (214) 962-5520
Adjustment Services: Fax (214) 962-5103
Family Services: Fax (214) 962-5443
Naturalization Services: Fax (214) 489-4049
VSC
Address:
“FOR THE PERSONAL ATTENTION OF THE DIRECTOR"
U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services
P.O. Box 1000
Saint Albans, Vermont 05479
Employer-related Immigration Matters (BCIS Office of Business Liaison): Call (800) 357-2099
4. Briefing with the Department of Labor (DOL)
Speakers
William Carlson, Ph.D.
Chief, Foreign Labor Certification
Employment and Training Administration
Department of Labor
William Lesser
Deputy Associate Solicitor
Fair Labor Standards Division
Office of the Solicitor
Department of Labor
David Minsky
Senior Policy Advisors
Wage and Hour Division
Department of Labor
Harry Sheinfeld
Counsel For Litigation
Division of Employment and Training Legal Services
Office of the Solicitor
Department of Labor
Howard Gordon
Senior Counsel
Fragomen, Del Rey, Bernsen and Loewy
Michael Turansick
Partner
Fragomen, Del Rey, Bernsen and Loewy
· The DOL stated that the PERM program has been unfairly compared to the RIR program. PERM is to replace the totality of the current labor certification program. This includes the old system that required three days of supervised recruitment. PERM brings together RIR and traditional processing. The PERM final rule will likely be published by late fall. Implementation is planned by the end of the calendar year. There are plans to educate users of the program between the final rule publication and the implementation.
· The electronic portion of the PERM program will be alpha and beta tested. DOL will include ACIP in this testing.
· It is anticipated that budgetary funding in the next two years and PERM will eliminate the backlogs. There are currently 300,000 cases in the backlog. Backlogs are not increasing.
· DOL is not working with BCIS regarding the possible increase in I-140 filings after the implementation of PERM.
· PERM will allow filings under the traditional and RIR programs to retain their priority dates, but refile under PERM. How this will be accomplished has not yet been decided.
· The purpose of PERM is to streamline processing to increase efficiency, eliminate and stop all future backlogs, without adding additional staff or funding. These goals necessitated a program that required “cookie cutter” filings without much individualization. This system does not allow for variation in ad requirements, recruitment or requirements tailored to the specific employer.
· H-1B complaints have increased since Fiscal Year 2000. In FY 2000 there were 140 complaints, 120 investigations and 58 final investigations. No violation was found in 7 cases, 51 violations were found, and back wages were accessed in 49 cases totaling over a million dollars. There were 3 debarments. In Fiscal Year 2001 there were 269 complaints, 200 investigations and 60 final investigations. No violations were found in 6 cases, 54 violations were found, and back wages were accessed in 48 cases totaling over one million dollars. In Fiscal Year 2002 there were 262 complaints, 190 investigations and 134 final investigations. No violations were found in 23 cases, 112 violations were found and back wages accessed in 94 cases totaling over 4 million dollars. There were 7 debarments. Through March of this Fiscal Year there have been 87 complaints, 72 investigations and 71 final investigations. No violations were found in 9 cases, 62 violations were found and back wages were accessed totaling over 2 million dollars. There have been 11 debarments.
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