Philadelphia Backlog Elimination Center Tracking

Clogged Foreign Labor Certification System Without Light at End of Tunnel

* The reengineering of the nation's foreign labor certification system is facing a serious crisis as both the PERM program and the Backlog Reduction program reveal serious flaws. One doubts whether anyone within the DOL would have anticipated such serious problems when they had worked out this labor certification reengineering process. The nation's labor certification system is practically under seize at this time. Reportedly, the Backlog Processing Centers still have a huge number of boxes of files which have yet to be opened just for data-entry and until the data entry is completed, cases may not be adjudicated except a few oldest cases pending early 2001 or ealier than that. There is no end in sight. Since the Backlog Reduction program was first announced in the federal register, more than eight months have passed by now with no visible results and adjudication of applications. It appears that the serious flaws in planning and operation of the backlog reduction process are related to the concept of "national queue" and "FIFO." First problem existed in the management of this concept. The DOL should have known which states and which regions had the oldest backlog cases. Some small states did not even have any backlogs at all. We thought the leaders in the FLDC were aware of this issue and planned and scheduled shipment of cases from the states and regions in the order of assumedly heaviest backlog locations. As we all know it, San Francisco was picked first for this reason. If this plan worked perfectly, the oldest San Francisco cases should have been gone out of the labor certification processing pipelines while back. The same should be true with other earlier shipment state cases. The current backlog in opening boxes and completing data entries for later shipped cases from the least backlog states should not have halted the adjudication process for the earlier shipped cases. It is horrendous to draw a picture of limited number of analysts and certifying officers in the Backlog Processing Centers beginning to adjudicate over 300,000 cases sometime in the future after completion of the data entries and 45-day letter processing. Supposedly, a large number of these cases are traditional regular applications which will have to go through the time-consuming supervised recruitment process. The announced schedule of 24-30 months removal of all these backlog cases may turn out to be a dream, considering the fact that over eight months have already gone by without completion of preparation phase for processing of the cases. Unless the leaders of DFLC seriously relook at the current plan, operation, and management, they may have to deal with a tough political challenge in the Congress as they will have to hand out begging additional tax-money appropriations. One wonders how the DFLC will be able to persuade the tax payers and the Congressional leaders for the additional money and failures.

* The other problem is the flaws in the PERM program. On the surface, there is no noticeable backlog in the new PERM system, but it is a completely false picture for the three reasons. Firstly the flaws in the PERM program have led the employers distancing themselves from filing new applications, particularly refiling cases. Secondly, even though there is no announced statistics, the community has learnt by now that whatever cases the employers filed have faced massive denials. These denials were made by the computer in less than an hour! When the cases are denied so swiftly, there should be no backlog in the pipeline, right? Wrong. It appears that massive denial of the online filing has led or forced employers to file the applications by mail. Unconfirmed sources indicate that there is a heavy backlog of data-entry of these cases by contractors into the online system. This is the third problem which probably the DFLC would not have anticipated in planning the PERM system. The PERM system discourages mail filing but at the same token forces the employers to stay away from the online filing and go for mail filing. It appears that all of the current problems stemmed from the computer software programs that did not properly incorproate various issues which only human beings can adjudicate after considering the totality of circumstances, facts, and evidences. One attorney reports that when the job required a "business" degree and the alien had a "commerce" degree which is another term of the specialty in many countries in the word, including Japan, Korea, India, etc, etc, such application has been instantly denied by the computer. The problem of the PERM system lies with the PERM planners who had overestimated the capability of the computer programs, ignoring the legal process that mandates adjudication of applications based on evidence in totality. Computer "matrix" may work when something can be quantified. The legal adjudication process is not something that can quantify the various evidence which should be considered in many different contexts and circumstances and probably the current PERM program may be seriously violating the rules of the administrative laws. The failure of the computer program to recognize no distinction between the commerce major and the business major is indeed "a tip of iceberg" that the current PERM program has revealed, producing massive denials of applications "instantly." At this point, probably no one has answers to the questions as to how the FDLC will be able to fix these problems. Now, reportedly the two National Processing Centers have recruited the required resources of analysts and certifying officers. This reporter see no other way of fix for the current problems unless the DFLC removes computer matrix decision and has the analysts and certifying officers review the computer results before making a decision. Otherwise, the system not only has a management issue, but also will have to face a serious legal issues in courts.

source: immigration-law.com
 
Congrats Mugur...

Just wanted to put myself on the tracker....

Non-RIR,NJ
Apr 23,2002....
Hopefully we will be able to rejoice soon.....
 
mamamiax said:
Though we see one or two approvals, I don't think anything bullk results are going to come out of BRC. It is a shit organization.

Unfortunately I find this report insightful. I believe that is exactly what is happening here.

We may see a few early 2001 approvals, eg. Mugur's approval. But for the rest of us, BEC hasn't started looking at our cases yet and doesn't plan to until they input all the data. Considerting they have mountains of boxes of files to enter and plus the round trip time for 45 day letters, indeed, I don't see the light at the end of the tunnel.

I checked with my lawyer, he still says there will be no updates before end of summer. So I guess his take is that BEC won't do a thing about my case before entering all data into system (which was originally estimated to be completed by end of summer). And if BEC operates the way it does right now, there will be tons of cases (NON RIR and RIR in the same queue) before mine.
I have neve seen any system so messed up. It is only allowed to happen in the immigration process since although we pay tax, we are voiceless. If it were for any other government sector in this country, they wouldn't dare!
 
congrats....
hope Phily is done with its data entry!!..

mugur said:
I don't know if you guys read the other posts but i have my LC Approved
PD April 24 2001
Approval May 23 2005
NON-RIR case in Maryland.
I hope this hepls
You are next :)
 
mugur is the standalone hero of the Philly BEC Tracker thread. :) He is the first member of this forum to report an approval from Philly BPC.

Congrats mugur!! :)
 
My lawyer's update

This morning my lawyer replied my email. Phily BEC not yet done with all data entry. They have majore system/software problem. Data entry will take another 6 to 8 month. And we will see some results next year March 2006.

I still do not understand why my lawyer afraid to file Perm. Any time I ask him about perm, he never replied me in positive way. I feel as if DOL instruct him to discourage me from perm. Anyone in this forum ever noticed lawyers discouraging from filing perm?

Prcaticing patience.
 
If the BECs are not really approving cases in big numbers, I can't understand why I-485 needs to retrogress. I find that strange. Agreed it's an estimate. But how complex can it be to estimate that...........well, nothing is changing!
 
this sucksssss

:( :mad:
orissa said:
This morning my lawyer replied my email. Phily BEC not yet done with all data entry. They have majore system/software problem. Data entry will take another 6 to 8 month. And we will see some results next year March 2006.

I still do not understand why my lawyer afraid to file Perm. Any time I ask him about perm, he never replied me in positive way. I feel as if DOL instruct him to discourage me from perm. Anyone in this forum ever noticed lawyers discouraging from filing perm?

Prcaticing patience.
 
This is what I have been saying..... They are delaying LC clearence on purpose. They want another contract beyond 2 years.
If you get a contract job for 2 years, do you want it to end at 2 years or you want your job to be extended ??? Simple as that.
DOL is not going to take away contract form these contractors because they already have invested millions on it, and DOL will not change the contractor just because they are doing horrible job, they will stick with the contractor and hope they will finish this mess in next ten years.

:(


VAhoper said:
Unfortunately I find this report insightful. I believe that is exactly what is happening here.

We may see a few early 2001 approvals, eg. Mugur's approval. But for the rest of us, BEC hasn't started looking at our cases yet and doesn't plan to until they input all the data. Considerting they have mountains of boxes of files to enter and plus the round trip time for 45 day letters, indeed, I don't see the light at the end of the tunnel.

I checked with my lawyer, he still says there will be no updates before end of summer. So I guess his take is that BEC won't do a thing about my case before entering all data into system (which was originally estimated to be completed by end of summer). And if BEC operates the way it does right now, there will be tons of cases (NON RIR and RIR in the same queue) before mine.
I have neve seen any system so messed up. It is only allowed to happen in the immigration process since although we pay tax, we are voiceless. If it were for any other government sector in this country, they wouldn't dare!
 
For aprlc2002

Aprlc2002:

Can you please check with your source that its true that Philly is still entering cases and we might not see approvals for 2002 and later cases for a very long time? This latest info seems to be contradictory to the info you provided us. We were hoping for some 2002 approvals soon as well. Would really appreciate it. Thanks.
 
well defined plan of DOL

hangu said:
This is what I have been saying..... They are delaying LC clearence on purpose. They want another contract beyond 2 years.
If you get a contract job for 2 years, do you want it to end at 2 years or you want your job to be extended ??? Simple as that.
DOL is not going to take away contract form these contractors because they already have invested millions on it, and DOL will not change the contractor just because they are doing horrible job, they will stick with the contractor and hope they will finish this mess in next ten years.

:(

These assh*** at DOL knows what they are doing. They wan this to happen for their job security and in line with DC. Man, I tell you this sucks. I feel like becoming an illegal now... :mad:
 
did any one contact the hot line?

I tried 2 days (Barbara) and could not get here.Plz...plz some one contact their hotline and let us know what is going on at Philly
 
ZZZZzzzzz

5 cases approved in Dallas, 1 in Philly. And that s within the members of those forums. Someone posted DOZENS of approved case in the Dallas forum. Most of them were for people that were not in the forum. Do you really thing these numbers can give us a statistical trend ? Not at all.
Not all of the 500 000 LC applicants use this forum.

A better way to check on the BEC work is to look at those 45 days letters in the BEC tracker (look in another forum). I d say almost 50 percent of the people in the tracker received it.
We all knew they were still entering data in their computers, we all knew that they are just beginning to go thru the LC approval now starting from the oldest one (thanks god !), we all knew that PERM system isn t working well now.
So why so many post about something we already knew. It not like it s a big revelation ! I never sent an Email to check on my status, never used a Hotline. I prefer to let them work as much as they can. Everyone will benefits if we stop bugging them. Beside the same email is sent to everyone who tried. What do you want, your own copy ?
Then you have some people that tries to give us good news... and read too much into it. Even if that kind of news gives us some hope, some of us go all the way around and got disappointed when it doesn t happen. Look at the Dallas BEC forum where Icarus is refered as 'GOD' (?) ICARUS. This is ridiculous.
Just stay quiet and try to be optimistic. Posting conspiracy theories lead to nothing positive. The truth is that it s a long hard job for those BEC centers. Even attorneys report conflicting news about it.


Finally, i still believe that getting a Green Card is a priviledge, I am confortable with the thouht that it should be hard to get it.

And to be honest when i see people complaining about their LC with a PD in 2004... that just makes me laugh then i am getting angry. I am May 2001 and still waiting quietly !!! :(
 
Last edited by a moderator:
I just called my lawyer and he told me that Philly is going to take care of the states that have more backlogged cases before and then they are going to take care of the states with less backlogged cases. So is not FIFO. I dont know, this gets more confusing by the day :(
 
kya seen he

juntha said:
5 cases approved in Dallas, 1 in Philly. And that s within the members of those forums. Someone posted DOZENS of approved case in the Dallas forum. Most of them were for people that were not in the forum. Do you really thing these numbers can give us a statistical trend ? Not at all.
Not all of the 500 000 LC applicants use this forum.

A better way to check on the BEC work is to look at those 45 days letters in the BED tracker (look in another forum). I d say almost 50 percent of the people in the tracker received it.
We all knew they were still entering data in their computers, we all knew that they are just beginning to go thru the LC approval now starting from the oldest one (thanks god !), we all knew that PERM system isn t working well now.
So why so many post about something we already knew. It not like it s a big revelation ! I never sent an Email to check on my status, never used a Hotline. I prefer to let them work as much as they can. Everyone will benefits if we stop bugging them. Beside the same email is sent to everyone who tried. What do you want, your own copy ?
Just stay quiet and try to be optimistic. Posting conspiracy theories lead to nothing positive. The truth is that it s a long hard job for those BEC center.

Finally, i still believe that getting a Green Card is a priviledge, I am confortable with the thouht that it should be hard to get it.

And to be honest when i see people complaining about their LC with a PD in 2004... that just makes me laugh then i am getting angry. I am May 2001 and still waiting quietly !!! :(

Man... I am waiting from April 2001 and no mercy. Have mercy on DOL... Amen
 
mamamiax said:
Man... I am waiting from April 2001 and no mercy. Have mercy on DOL... Amen

I sympathize with DOL:-

I agree that its not conspiracy. DOL is fully functional government agencies with quite big reputation. I understand it takes lot of efforts for 5 people to manually enter 300,000 files just for fun when its already in some "soft" form. My sympathy is with them that they have to work under tight deadline of 10 years to data enter everything and mail "45 day" letters.

DOL officials don't discriminate so they whole heartedly embraced 245(i) applications and instantly started processing illegal applications. After many sleepless nights they finally cleared all lover letters from April 2001. Its easy to build dam, highways, even countries within 4 years but you know how tough it is to process hundred tousand applications within that time frame. Full credit to DOL !!!

It is always looking for ways to reduce backlog, so naturally they came up with brilliant idea of shipping applications all over the country to Backlog elimination center. Have you ever seen a government agency going to this extent to solve backlog. They are so precise and perfect that they are double checking (45 day letter) with everybody.

One day their officials realized, we need to compete processing speed of IRS (millions of application within a week).
So after 3 years of planning DOL developed completely automated system where you enter your application online and you get result even before you completed it. I have to agree that currently all results are "reject" but eventually it will "accept" some applications. This is considered miracle that a public entity get software right first time.

I think we should send "thank-you" letter to DOL head. India's red-tape agencies should learn from DOL how to keep 300,000 customers happy for 5 years without doing any work.

No wonder people get furious when you accused such divine group.
If you are still mad at DOL, I have nothing else to say.
 
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