nomorewait
Registered Users (C)
The backlogged cases are pissed off !
01/11/2005: Report from Chicago: "Job Order" Requirement for PERM filing
Unlike the current practice of state offices to initiate the job order not only with the state system but also the national bank, the job order as part of the recruitment requirements for PERM filing will not require the national job bank job order. It is sufficient to make the job order with the state system only. Good!
01/11/2005: Report from Chicago: E-Filing vs. Mail-Filing
Even though the regulation allows mail-filing of PERM cases, the DOL discourages mail filings as it will require additional resources. The mail filing cases will have to be typed into the e-filing database by the resources in the National Processing Centers since the entire labor certification applications must be in the national database system. Additionally, if there is a flaw or defect in e-filing, the system will "not accept" the filing, but if such flaw or defect is detected in the paper filing, such application will be "denied." Once a case is denied, refiling can be audited depending on the flaws. Try to make e-filing!
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times, meaning it can be within two years or so. Uh?!
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times
The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
01/11/2005: Report from Chicago: "Job Order" Requirement for PERM filing
Unlike the current practice of state offices to initiate the job order not only with the state system but also the national bank, the job order as part of the recruitment requirements for PERM filing will not require the national job bank job order. It is sufficient to make the job order with the state system only. Good!
01/11/2005: Report from Chicago: E-Filing vs. Mail-Filing
Even though the regulation allows mail-filing of PERM cases, the DOL discourages mail filings as it will require additional resources. The mail filing cases will have to be typed into the e-filing database by the resources in the National Processing Centers since the entire labor certification applications must be in the national database system. Additionally, if there is a flaw or defect in e-filing, the system will "not accept" the filing, but if such flaw or defect is detected in the paper filing, such application will be "denied." Once a case is denied, refiling can be audited depending on the flaws. Try to make e-filing!
01/11/2005: Report from Chicago: 45 - 60 Day Processing Time for PERM Does not Apply to Conversion Cases
Another disappointing news for the conversion case is the processing times for such cases. DOL confirms that the processing time for conversion cases will be much longer than non-conversion PERM applications. DOL did not disclose the anticipated specific processing times for the conversion cases. It just stated that the processing times will be shorter than the current backlog cases waiting times, meaning it can be within two years or so. Uh?!
01/11/2005: Report from Chicago: No Parallel Applications Permitted Without Losing Priority Date
When people refile a PERM application without dislosing the pending application, the National Processing Centers will access the database at the BPCs to see whether any cases are pending for the employer and the employee. Accordingly, parallel filing of PERM application and non-PERM application will be blocked by the DOL. Such policy will enhance the risk of conversion and a fewer employers may attempt conversion fiing.
01/11/2005: Report from Chicago: Status of Backlog Reduction Work and Anticipated Processing Times
The Backlog Processing Centers (BPC) must complete several stages of activities before they can adjudicate any cases. The first step is to receive the backlog cases from the former Regions and SWAs in 50 states. The second step is to perform data entry and development of national database system for establishment of national "queue" for Traditional Cases and RIR pursuant to the policy of processing of First In First Out (FIFO) order. Once the development of national database system is completed, they will be ready to adjudicate the backlog applications. At this time, the BPCs are at the stage of receiving shipments from the states and the Regions. As soon as they receive the shipments, the contractors start making data entry to the national database.
The shipments are undertaken per the DOL Transitional Guidelines (TG). Those cases which were received before 01/01/2002 were scheduled to be shipped to the BPC by 12/31/2004 and remaining cases are scheduled to be shipped to the BPC by March 31, 2005. The shipments include only "unopened" cases. For the opened cases, the DOL has sent out instructions to the SWAs to complete the entire opened backlog cases by 03/31/2005.
The first shipment was made from San Francisco Region. Total 20,000 oldest cases. 10,000 cases were shipped to the Dallas BPC and 10,000 cases were shipped to the Philadelphia BPC. These cases have been data-entried and part of the inquiry letters have been sent out to the employers and their attorneys. The BPCs have also received 24,000 cases from 17 states as of the end of the year, and expects to receive altogether 100,000 within January 2005.
As for the backlog cases in the Regional Offices, total is tallied at 55,000 nationwide. These cases need to establish the national queue for FIFO processing.
The backlog reduction cases are handled by the two BPCs and the two satellite centers in San Francisco Regional Office and the Boston-New York Regional Office. These two Regional Offices cannot actively perform the backlog reduction work because they are not hooked upto the national database system. They are scheduled to be hooked upto the national database system along the way. These satellite centers will participate in the backlog reduction work for one year and will be phased out.
The timing of actual adjudication of cases will depend on two factors: One is the volume of conversion cases after the launch of PERM program on 03/28/2005. The larger the conversions are in number, the smaller the total numbers for the BPC will end up. The second factor is the timing of completion of shipment and data entry. DOL anticipates that it is not going to be for a while that the BPCs actually adjudicate and decide any cases. The entire backlog cases are predicted to be removed not in 24 months but from 24 month to 30 months from 03/28/2005. People should keep patience.
