Philadelphia Backlog Elimination Center Tracking

BEC and PERM Updates Part I

DOL Provides Additional Guidance on BECs and PERM Centers

Representatives from both the U.S. Department of Labor (DOL) and American
Immigration Lawyers Association (AILA) met on January 1, 2005 to discuss labor
certification Backlog Elimination Centers (BECs), PERM centers, and other labor
certification issues. A summary of their discussions was released on January 24,
2005. We have summarized highlights of that report for the benefit of
MurthyDotCom and MurthyBulletin readers.

BECs Currently Processing Only Cases from Own Regions

The DOL confirmed that BECs are currently processing only labor certifications
that moved from their own regions into the BECs. The 45-day letters have still
not gone out on all cases that were transferred from the Dallas, Philadelphia,
and San Francisco regional offices into the BECs, and a case is not processed
until the 45-day letter is returned with a response. One reason the BECs may not
yet be processing cases from other regions and the State Workforce Agencies
(SWAs) is that the DOL is working on establishing national standards for the
labor certification reviews. These national standards will attempt to address
the fact that each region has somewhat different interpretations of the
requirements for the labor certification. Once these national standards are
established, it may be made clearer whether a switch is in the best interest of
those considering re-filing their existing cases under PERM.

45-Day Letter Only Indication of Transfer

The DOL confirmed that the SWAs and regions do not have funding to issue
transfer notices when the cases are moved to BECs. Therefore, the only notice of
the transfer will be the 45-day letter to the employer or employer's
representative. The DOL did indicate that the San Francisco regional office was
left with fewer than 10,000 remaining cases. This follows the transfer of 10,000
cases to the Dallas BEC and 10,000 to the Philadelphia BEC. So, for cases that
were sitting at the San Francisco region, there is approximately a one-in-three
chance as to where the case is at this time. Since the oldest cases were the
ones transferred, the more recently-filed cases most likely remain at the San
Francisco regional office.

Processing Cases by First-In / First-Out (FIFO)

Though cases at the BECs will be sorted into RIR and regular labor certification
cases, the DOL advised that they are making every effort to get the cases with
the oldest priority dates processed first, regardless of whether they are RIR or
regular. Therefore, if the RIR processing is going faster than the regular case
processing, the DOL intends to shift its resources. There likely will be little
advantage as far as time for those who filed RIR cases rather than regular
cases. This factor may also play a big role in the decision whether to re-file
under PERM or wait out the processing at the BECs.

Special Handling Cases

The DOL is still working to identify Special Handling cases that were sent to
the BECs and determining how to process them. There hopefully will be more
information on this at a later date. For those who are not familiar with the
term "special handling" it refers to a faster option for obtaining a labor
certification available for certain faculty teaching at institutions of higher
education.

Job Orders for Regular Cases

The BECs will process job orders for regular cases on a national level, using a
national job order system. Job orders for cases that the SWAs processed were
placed on a state level. PERM will also require job orders at a state level.

45-Day Letters

The DOL has indicated that it will accept an attorney's signature on the letter
in lieu of the employer's signature, but if they receive a letter from the
attorney and the employer, the employer's expressed intent will govern. The DOL
agreed that employers could submit a substitute beneficiary at the time of
responding to the 45-day letter and expressed that this is a "great" time to
submit such substitutions.

Prevailing Wage Determinations

The DOL indicated that the SWAs should be able to make Prevailing Wage
Determinations (PWDs) for PERM cases on or after March 8, 2005, when the 4
levels for PWDs will be required by law.

DOT vs. O*Net

The DOL confirmed that DOT (Dictionary of Occupational Titles) codes may be used
for any cases filed before PERM is implemented. For PERM cases, the O*Net Job
Zone must be used. The DOT codes provide a Specific Vocational Preparation (SVP)
code that indicates how much education and experience a person must have for a
specific job. The O*Net Job Zones, instead, provides a range, where the range is
between two SVPs.

These updates provided by the DOL are helpful during this transitional time. We
will continue to provide MurthyDotCom and MurthyBulletin readers with
information concerning the complex and ongoing changes in labor certification
processing.

Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved

. . . . . . . . . . . . . .

2. EB3 "Other Worker" Category May Retrogress

In the February 2005 Visa Bulletin, the U.S. Department of State (DOS) has
indicated that the EB3, Other / Essential Worker category (EW) is likely to
retrogress for all countries in March 2005. The EW category is for positions
that require less than two years of training or experience. This is,
essentially, unskilled and semi-skilled positions. It is not to be confused with
the EB3 category for professionals and skilled workers.

As regular MurthyDotCom and MurthyBulletin readers know, the EB3 category for
professionals / skilled workers from India, mainland China, and the Philippines
retrogressed in January 2005. This is the subject of our December 10, 2004
NewsFlash, Employment Visa Numbers Retrogress, available on MurthyDotCom. The
difference with the EW cases is that this category may retrogress for all
countries of chargeability, not only the three countries that were affected by
the EB3 retrogression in January 2005.

Once the numbers retrogress, it is unclear whether they will move forward
significantly, or at all, sometime in the near future. Those affected by
retrogression may want to spend time gathering certain required documents for
the I-485 or consular processing stage as soon as the I-140 immigrant petition
is approved, in order to avoid filing delays once the visa dates become current.
Such documents include, but are not limited to, proof of birth, proof of
marriage, and proof of legal status while in the United States or proof of
245(i) eligibility. The retrogression is, in part, the result of increased
demand for the visa numbers due to USCIS backlog reduction efforts.

Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved

. . . . . . . . . . . . . .
 
BEC and PERM Updates Part II

3. PERM Impacts Physical Therapist and Nurse Filings

The PERM regulation, which regular MurthyDotCom and MurthyBulletin readers are
aware goes into effect on March 28, 2005, retains many of the concepts and
provisions from the prior labor certification regulations. Included in this
carry-over from current provisions are Schedule A occupations, including
Physical Therapists and Nurses.

Schedule A occupations are those recognized and identified by the U.S.
Department of Labor (DOL) as occupations that do not have sufficient U.S.
workers who are able, willing, qualified, and available and in which the wages
and working conditions of U.S. workers will not be adversely affected by the
hiring of foreign nationals for these positions. These occupations are
"pre-certified," or certified in advance. Thus, they do not have to undergo the
labor certification process to determine whether U.S. workers are available.
These professionals have to file with the U.S. Citizenship and Immigration
Services (USCIS), bypassing the DOL labor certification process. Effective from
March 28, 2005, the documents that must be filed with the Schedule A occupations
will change.

Physical Therapists Filing under PERM

Under PERM, as with the current system, the position of physical therapist is
pre-certified. This means that it is not necessary to file a request for a labor
certification with the DOL for this occupation. It is necessary, however, to
submit the labor certification forms, as well as other documentation, with the
USCIS in connection with the employer's required I-140 Immigrant Petition for
Foreign Worker. This remains the case under PERM.

Under PERM, physical therapists must file a letter or statement, signed by an
authorized physical therapy licensing official in the state of intended
employment, indicating that the foreign national is qualified to take that
state's written licensing examination. In addition, physical therapists must
submit two Forms 9089 (PERM labor certification forms). This filing must include
a prevailing wage determination (PWD) by the appropriate State Workforce Agency
(SWA) and evidence that a notice of filing the Form 9089 was provided to the
bargaining representative or the prospective employer's current employees. The
notice must include notification that a labor certification has been filed for
the position, provide information that any person may submit evidence regarding
the application to the DOL, contain a description of the job, and include a rate
of pay for the position. The rate of pay included for the position must not be
less than the prevailing wage (or actual wage, if higher). Physical therapist
applications must be submitted by the sponsoring employer.

Nurses Filing under PERM

Registered Nurse (RN) positions are also pre-certified. Thus, the required
documentation is also submitted with the employer's I-140 petition to the USCIS.
An RN must file documentation showing that s/he possesses a certificate from the
Commission on Graduates of Foreign Nurses Schools (CGFNS); that s/he holds a
full and unrestricted (permanent) license to practice nursing in the state of
intended employment; OR that s/he has passed the National Council Licensure
Examination for Registered Nurses (NCLEX-RN). In addition, a nurse must submit
two Forms 9089, which include a PWD by the appropriate SWA and evidence that a
notice of filing the Form 9089 was provided to the bargaining representative or
the employer's employees. The notice must indicate that a labor certification
has been filed for the position, provide information that any person may submit
evidence regarding the application to the DOL, contain a description of the job,
and include a rate of pay for the position. The rate of pay included for the
position must not be less than the prevailing wage (or actual wage, if higher).
Nurse applications must also be submitted by the sponsoring employer.

DOL Response to Public Comments

The DOL received numerous comments about nurses. Some suggested alternatives to
the CGFNS certificate, permanent state license in the state of intended
employment, or passage of the NCLEX-RN. The DOL felt that these options were
sufficient to cover qualified nurses. The DOL specifically indicated that proof
of the nurse's having passed the CGFNS nursing skills examination is
insufficient since it does not reveal the nurse's English language proficiency,
which is indicated by the issuance of the CGFNS certificate.

Other comments objected to the prevailing wage determination (PWD) requirement
for Schedule A nurses as a prevailing wage determination (PWD) was not
previously required. The DOL indicated that the employer has always been
required to certify that it is offering at least the prevailing wage for the
occupation and that this is not very different. Therefore, this additional step
was retained in the final regulation.

Conclusion

All Schedule A cases filed for physical therapists and nurses on or after March
28, 2005 must meet these new criteria. It is important that employers of nurses
and physical therapists speak to qualified immigration attorneys to understand
these filings, as the regular labor certification process is not available to
these categories of professionals.

Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved
 
mast1006 said:
DOL Provides Additional Guidance on BECs and PERM Centers


BECs Currently Processing Only Cases from Own Regions

The DOL confirmed that BECs are currently processing only labor certifications
that moved from their own regions into the BECs. The 45-day letters have still
not gone out on all cases that were transferred from the Dallas, Philadelphia,
and San Francisco regional offices into the BECs, and a case is not processed
until the 45-day letter is returned with a response. One reason the BECs may not
yet be processing cases from other regions and the State Workforce Agencies
(SWAs) is that the DOL is working on establishing national standards for the
labor certification reviews. These national standards will attempt to address
the fact that each region has somewhat different interpretations of the
requirements for the labor certification. Once these national standards are
established, it may be made clearer whether a switch is in the best interest of
those considering re-filing their existing cases under PERM.

Copyright 2005, The Law Office of Sheela Murthy, P.C. All Rights Reserved

. . . . . . . . . . . . . .
Click to expand...

I have a clarification to seek. Does this mean that Phili BEC will first process the cases which moved from Phili Regional to Phili BEC? That would mean cases which cleared State from say Harrisburgh, VA, Pittsburgh etc..Is that the right interpretation or am I missing something? If this is correct, any one has any idea of how many cases were moved from Phili regional to BEC and approx how many of these were sent the letters?
Thanks,
M
 
Experts please comment

Guys,

Please comment the following, can we retain the originial priority date if we substitute at this statge i.e while responding to 45-day letter. I know that USCIS has been liberal in giving the original priority date in most of the cases while I-140 approval.

OR

Is it a death trap to find the cases for which the original applicants are no more with the company but the employer still willing to continue the case.

Considering the 'Labor Denials' recently we have to explore all the options.


---------
45-Day Letters

The DOL has indicated that it will accept an attorney's signature on the letter
in lieu of the employer's signature, but if they receive a letter from the
attorney and the employer, the employer's expressed intent will govern. The DOL
agreed that employers could submit a substitute beneficiary at the time of
responding to the 45-day letter and expressed that this is a "great" time to
submit such substitutions.

Thanks,
MD2001
 
Try this way

The legal action against DOL is not going to help us in the near future. But this will:

AILA (American Immigration Lawyers Association) is a powerful lobby group in DC. Call them, or email them, ask them to lobby for one thing, and one thing only: make the conversion from the already filed LC to PERM easier and risk free. Be realistic, PERM is not going to be halted. All you want is to be able to convert the already filed LC to PERM easily and risk free. It does not make sense for people sticking with the same job has had no changes such as job responsiblities, salary, even location. The point is as long as people still with the same employer, they should be allowed to file PERM without first withdrawing current application. They should be allowed to file as a brand new PERM without losing their priority date. This is fair to everyone.

CALL AILA, tell them that you want their reprensatation. Let them set up a escrow acct for donation of funds, funds to be used for lobby. They will be happy to do this. Why, because 1) they like money, everybody does; 2) more people willing to refile PERM, their lawyers making more money; 3) many of its members found it difficult to pursuade people to refile as PERM; 4) it is a slam dunk for them to pursuade DOL to do as DOL wants more people to go PERM.

Try it, it will work!!!
 
I spoke with a lady at Phili BEC. According to her OPEN cases are those that have neither been Certified nor Denied by Aug 2004. All these will go to BEC. She also said that they are giving out specific case information to Lawyers, and that the lawyers should Fax the case details at 484-270-1600. For Phili BEC there is no email information check yet.

M
 
mithya said:
I have a clarification to seek. Does this mean that Phili BEC will first process the cases which moved from Phili Regional to Phili BEC? That would mean cases which cleared State from say Harrisburgh, VA, Pittsburgh etc..Is that the right interpretation or am I missing something? If this is correct, any one has any idea of how many cases were moved from Phili regional to BEC and approx how many of these were sent the letters?
Thanks,
M
Click to expand...
I believe the general train of thought at the BEC, is that the Regional cases on average have been in the system longer and would have an earlier PD thus qualifying under FIFO for priority in the queue. Whether this is the way it works once all types of cases (RIR vs. TR, Regional vs. State) have been received and queued remains to be seen :confused:
 
MD2001 said:
Guys,

Please comment the following, can we retain the originial priority date if we substitute at this statge i.e while responding to 45-day letter. I know that USCIS has been liberal in giving the original priority date in most of the cases while I-140 approval.

OR

Is it a death trap to find the cases for which the original applicants are no more with the company but the employer still willing to continue the case.

Considering the 'Labor Denials' recently we have to explore all the options.


---------
45-Day Letters

The DOL has indicated that it will accept an attorney's signature on the letter
in lieu of the employer's signature, but if they receive a letter from the
attorney and the employer, the employer's expressed intent will govern. The DOL
agreed that employers could submit a substitute beneficiary at the time of
responding to the 45-day letter and expressed that this is a "great" time to
submit such substitutions.

Thanks,
MD2001
Click to expand...
This will work as long as the substitute beneficiary has the same qualifications as the original.
 
FIFO - what does it mean

Helllo All,

My labor was filed in AL Oct 03, reached Atlanta Mar 04, abd got transferred to Philly BEC recently. I had a meeting with my lawyer yesterday and he said BECs are doing cases purely on FIFO. Does it mean that all cases at a particular BEC will be in one long queue regardless of RIR/Regular? SFO has sent cases from as far back as 99 to Philly. Now comes the murthy dot com news that Philly is currently processing only cases from its own region :( It looks like those of us from other regions went from a wait time of few months (proceeding slowly but surely) to another bout of uncertainty... anyone has any good news in this regard?
 
FIFO means first in first out. The way it stands seems philly is hnadling not processing the Philly region cases first. But that doesnt mean that they wont be touching cases from any other region before the finish "processing" cases from philly region.
You are correct in your observation that those of us who were sure to be done in a few months wait are now at the very end of line cos FIFO. I'll let you make a call whether its fair or not.
Anyways, your question about how long it might take is a million dollar question, and it would be nice to get a guesstimate about the date.
Again as it stands no one can truly predict when their cases will be processed with any certainty.
I am not sure if I have answered more questions thant i may have posed, but unfortunately thats the extent of my knowledge about this whole mess so far. All I can say is hang in there.
frog
 
Icarus said:
I believe the general train of thought at the BEC, is that the Regional cases on average have been in the system longer and would have an earlier PD thus qualifying under FIFO for priority in the queue. Whether this is the way it works once all types of cases (RIR vs. TR, Regional vs. State) have been received and queued remains to be seen :confused:
Click to expand...

I am afraid the main obstacle will be TR cases filed under 245 provision from California. There are many-many thousands of them.
The California SWA just shelved those cases and it looks like nobody touched them. DOL promised that TR and RIR queues will be moving approximately at the same speed. Additionally TR cases take much longer time to adjudicate.
So relax guys, everybody in the queues whose PD is later than 30 Apr, 2001 will be more or less at the end of the queue.
Further DOL acknowledged that they would clear the backlog in 24-30 months. We know how they work - so multiply this by at least two. Does it mean we all get our labor in 4 years?!
Most of all I want to be wrong here. Am I ?
 
Could someone help me...

Dear friends
Following is the format of receipt from (on addressed letter head from Virginia employment Commission -3751 Nine Mile Road etc), which is addressed to my attorney. I have some basic questions. Thanks for your time and replies in advance.

Re: Application for Alien Employment Certification, Case number--so and so and Receipt date—March 7, 2004

Subject: Receipt of Application

Your application for Alien Employment Certification has been received in this office. Cases are processed in the order received. As of this date, we are reviewing Reduction in recruitment (RIR)cases received in June 2002 and non-RIR cases received in November 2001.

In order call us to... blah blah blah.. ( not related).

my questions:
1. Is this the receipt for Labor Certification or something else?
2. If this is Labor certification receipt, under what category was my Labor condition application was filed. EB3/EB2 , RIR/NonRIR. Why receipt doesn't clarify same. I remember my attorney was asked by employer to file it as RIR, and EB3.
3. What is my priority date. Is it March 7, 2004? if not what is priority date?
4. What will be worst and worse guesses about when my first stage will get completed in back log reduction center Philadelphia ( I suppose this case will be sent there).
5. If it takes longer regular way, How much time you think If I will get this case converted into PERM.
6. After 1st stage and I140( I know this may sound foolish, but), Can we take a permanent job with / or contractual position through another employer during waiting to get my retrogression of priority date..
or I am bound to work with this employer...

Please do answer all question..

regards
 
Love Letter from DOL

Hi Forum Users,

My Labor application got filed in Sep 2002 in RIR in SF under EB3, got cleared at the State and moved out to Federal in Aug 2003. Its been stuck in that zone till now. Whenever I talk to my attorney, he says the Backlog Reduction Centers that are created now would help in processing the applications faster and that I should be hearing from him about the labor soon. And this, I have been hearing for almost 5 months.

Can anyone shed some light as to what dates are getting processed currently? When will my application get cleared so I could apply I-140/I-485. For the past six months the Federal processing time shows ONLY Mar 2003. When will I be able to hear from the DOL about my love letter. By July 2006, I would be completing my six yrs of H1B in US. I am actually frustrated with the company I am in right now and I want to switch company ASAP. If the chances of my labor getting cleared at the Federal is very bleak then I better start thinking about switching jobs (preferably one with an approved labor).

Any help would be highly appreciated!.
 
DOL Backlog Processing Center E-Mail Status Inquiry System

02/06/2005: DOL Backlog Processing Center E-Mail Status Inquiry System

Sources indicate that the Backlog Processing Centers have in place the e-mail inquiry system for those cases which have been issued 45-day letters. This inquiry will be available only after 90 days of responding to such 45-day letter. The BPC will respond to such e-mail inquiry in three days.
E-mail inquiry requires (1) the exact employer name; (2) First and Last Name of the Alien Beneficiary; and (3) BPC case number which is printed in the 45-day letters. Any inquiries without these entries or premature inquiries or any other inquiries which are not related to the 45-day letters are likely to be ignored. Readers, please do not send the e-mails unless you meet the foregoing requirements.
The e-mail address for Dallas Backlog Processing Center is: status@daldflc.us
 
Here is what the status us

nanba said:
Hi Forum Users,

My Labor application got filed in Sep 2002 in RIR in SF under EB3, got cleared at the State and moved out to Federal in Aug 2003. Its been stuck in that zone till now. Whenever I talk to my attorney, he says the Backlog Reduction Centers that are created now would help in processing the applications faster and that I should be hearing from him about the labor soon. And this, I have been hearing for almost 5 months.

Can anyone shed some light as to what dates are getting processed currently? When will my application get cleared so I could apply I-140/I-485. For the past six months the Federal processing time shows ONLY Mar 2003. When will I be able to hear from the DOL about my love letter. By July 2006, I would be completing my six yrs of H1B in US. I am actually frustrated with the company I am in right now and I want to switch company ASAP. If the chances of my labor getting cleared at the Federal is very bleak then I better start thinking about switching jobs (preferably one with an approved labor).

Any help would be highly appreciated!.
Click to expand...

STATUS SO FAR (from the posts here):

Regional

RIR Earliest PD MAY 2002

TR Earliest PD SEP 2002

State

RIR Earliest PD Aug 2001

TR Earliest PD SEP 2002


Please post your PD/RD in the 'BEC PRIORITY DATE TRACKER THREAD'
http://www.immigrationportal.com/showthread.php?t=161571

So that we can update this information.

Thanks
ZB
 
My DOL Case

Hi ZB

Thanks for the link. Do you think these dates are likely to move ahead? I am not sure if this is the right time to switch companies. I am in a dilemma. Any suggestions?

Thanks
 
Zany_Brainy said:
STATUS SO FAR (from the posts here):

Regional
RIR Earliest PD MAY 2002

TR Earliest PD SEP 2002
State

RIR Earliest PD Aug 2001
TR Earliest PD SEP 2002


Please post your PD/RD in the 'BEC PRIORITY DATE TRACKER THREAD'
http://www.immigrationportal.com/showthread.php?t=161571

So that we can update this information.

Thanks
ZB
Click to expand...

I am afraig this is not very accurate. If you look into flcdatacenter you'll notice that people who submitted their application as TR originally were mostly not from engineering fields (I am not talking about those thrown out of RIR to TR during automated remands in CA ).

A computer geek who is staring at the monitor all day will more likely post in this forum while a gardener may even not know about it. Since most engineers applied under RIR the tracker may create a wrong impression that there are more RIR than TR. Let's wait till DOL updates the flcdatacenter and we can see the actual trend.
 
sbdol said:
I am afraig this is not very accurate. If you look into flcdatacenter you'll notice that people who submitted their application as TR originally were mostly not from engineering fields (I am not talking about those thrown out of RIR to TR during automated remands in CA ).

A computer geek who is staring at the monitor all day will more likely post in this forum while a gardener may even not know about it. Since most engineers applied under RIR the tracker may create a wrong impression that there are more RIR than TR. Let's wait till DOL updates the flcdatacenter and we can see the actual trend.
Click to expand...

Agree on your comments But Zanny's efforts is good to watch from Non Gardners of this forum:)
 
nanba said:
Hi Forum Users,

My Labor application got filed in Sep 2002 in RIR in SF under EB3, got cleared at the State and moved out to Federal in Aug 2003. Its been stuck in that zone till now. Whenever I talk to my attorney, he says the Backlog Reduction Centers that are created now would help in processing the applications faster and that I should be hearing from him about the labor soon. And this, I have been hearing for almost 5 months.

Can anyone shed some light as to what dates are getting processed currently? When will my application get cleared so I could apply I-140/I-485. For the past six months the Federal processing time shows ONLY Mar 2003. When will I be able to hear from the DOL about my love letter. By July 2006, I would be completing my six yrs of H1B in US. I am actually frustrated with the company I am in right now and I want to switch company ASAP. If the chances of my labor getting cleared at the Federal is very bleak then I better start thinking about switching jobs (preferably one with an approved labor).

Any help would be highly appreciated!.
Click to expand...

A lot of us are on the same boat as you do. If your new job has approved labor for EB2 or can file PERM under EB2, then you should consider to switch. Otherwise, keep your old one to avoid waiting for 2 extra years at I140 stage because of priority date.
 
Love Letter

Dallas BPC is good in sending love letter. We have not seen much from Philly BPC.
if any one know the reason, please share. Any update(godd/bad) is welcome.
 
You must log in or register to reply here.
Top