Philadelphia Backlog Elimination Center Tracking

But, these kind of delay is expected when a new thing starts..the ppl who really suffer are the pioneer people to go throught this, someone applying labor today or few months ago are the one who would really benefit. But agreed, this does not lessen our pain. Once BRC starts working and figures everything out, it's going to be fast!!
 
Does Anyone for sure know the dates... ?

We have been reading that RIR cases starting May 2003 (20K in total) has been transferred from SFO to Phily/Dallas BEC.. But what about the end date for the cases that have been transferred. Mine has a RD of Sept 2003.. I am wondering where my case is.... It is a new kind of situation.. where in we dunno where our case is... ??? If anyone has a clue.. pls tell me.... I have been waiting for this for abput close to three years.. EDD Date was Dec 2001... frustrating exp..
 
akela said:
But, these kind of delay is expected when a new thing starts..the ppl who really suffer are the pioneer people to go throught this, someone applying labor today or few months ago are the one who would really benefit. But agreed, this does not lessen our pain. Once BRC starts working and figures everything out, it's going to be fast!!
Click to expand...
Well, I do not agree with you that we should expect this kind of problems. They have stopped processing any cases at Philly Regional for nearly a year just to prepare for this freaking BEC! And I don't believe they will process cases faster. Look, they do not have any obligation to ELIMINATE the backlog. The cases they cannot finish in two years will be moved over to NPC. Or probably use that as an excuse to extend the contract. Remember people at BEC will lose their jobs on the day the backlog is eliminated. It is such a simple logic.
 
pennwaiting,

you are damn right

I am outraged someone like akela here is still trying to find excuse for them!!!!!!
 
allaboutgc said:


I am outraged someone like akela here is still trying to find excuse for them!!!!!!
Click to expand...

NO,
I think he is only to trying to help us and himself, he is just trying to keep our hopes alive. I am sure he is also in GC queue for few years.
 
allaboutgc said:
pennwaiting,

you are damn right

I am outraged someone like akela here is still trying to find excuse for them!!!!!!
Click to expand...
No, No. I am not outraged by akela. I believe s/he is trying to keep our spirit up when bad news like this comes, which is important now a days. Please be patient even though it is frustrating. It is better than being outrageous.
 
pennwaiting said:
No, No. I am not outraged by akela. I believe s/he is trying to keep our spirit up when bad news like this comes, which is important now a days. Please be patient even though it is frustrating. It is better than being outrageous.
Click to expand...

Dear L/C applicants:
Following is the info that u all may find very interesting. In addition, never loose hope, u never know! There is always light at the end of the tunnel and everything that gets started gets ended too. Good luck to all
Following is the info that I got from my lawyer:


The Assistant Secretary of the Employment and Training Administration (“ETA”) of the Department of Labor (“DOL”) recently issued a Fiscal Year 2005 Transition Guidance memorandum (“TG memo”) to all state workforce agencies (“SWAs”).

The TG memo states that the role of SWAs will be diminished, and labor certification adjudication will be centralized at two national processing centers whether or not the PERM program is implemented.

According to the TG memo, the DOL is proceeding on the assumption that the final PERM regulation will be published before the end of 2004, but outlines a contingency plan in the event the long-awaited PERM regulation is not published.

The TG memo outlines its current 2005 plan, its 2005 contingency plan, the role of the SWAs, and backlog reduction shipment schedules. A summary of these points is as follows:

DOL’s Current Plan:


The final PERM regulation is still pending clearance at the Office of Management and Budget.

If the PERM regulation is published, the SWAs will no longer accept labor certification applications.

After the PERM effective date, the role of the SWA with respect to labor certification review will be limited to prevailing wage determinations.

The TG memo confirms that the DOL is proceeding on the assumption that the final PERM regulation will be published before the end of the 2004 calendar year, and that the new program will be operational within sixty (60) days of the publication date, not 120 days as previously reported by the DOL.

DOL’s Contingency Plan:


The TG memo provides for a contingency plan in the event that the PERM regulation is not published. Regardless of whether PERM is published, the SWA role will change in 2005. Processing will shift from a state-federal system to a primarily federally-administered program.

In July 2004, the DOL published a backlog reduction interim final rule to allow the transfer of labor certification cases pending at either a DOL regional office or a SWA to one or more centralized processing locations. This rule also allows the DOL to consolidate state and federal processing functions in a central location. This permits SWAs to accept cases from employers, but no longer allows them to review applications.

To implement this backlog reduction regulation, the DOL has established two backlog elimination centers, one in Dallas and one in Philadelphia.

The DOL has moved federal staff from DOL regional offices to these two backlog centers.

Both contractor and federal staff training has started, and the TG memo reports that labor certification applications will soon be adjudicated by the backlog reduction centers.

Dallas and Philadelphia will initially process the DOL regional office backlogs and then begin to handle cases currently backlogged at the SWAs.

Work at the backlog reduction centers will be augmented by case processing occurring at the DOL regional offices and the SWAs. The DOL expects the Dallas and Philadelphia backlog centers to complete their work within two years, at which point they will be closed. In addition, the DOL is in the process of establishing national processing centers in Atlanta and Chicago, where all labor certification applications (except for those backlogged cases being processed in Dallas and Philadelphia) will be adjudicated. These national centers are expected to be operational by January 1, 2005. If PERM is not implemented, Atlanta and Chicago will serve as two additional backlog reduction locations.

State Workforce Agency Role:


If the PERM regulation is published, SWAs are instructed to stop accepting labor certification applications sixty-one (61) days after the publication of the regulation.

The DOL will issue specific guidance as to where SWAs will forward remaining applications.

SWAs will continue to accept and review cases until January 1, 2005, at which point, SWAs will not start review of any applications, but simply date stamp and log applications in order to establish a filing date (priority date). After January 1, 2005, cases at SWAs that are in the process of SWA review should be completed and then forwarded to Atlanta or Chicago.

SWAs will continue to accept but not open and review cases filed by employers after January 1, 2005. These applications will be forwarded to either Atlanta or Chicago based upon a schedule to be provided to the SWAs.

SWA cases that are under review up until January 1, 2005, will be sent to the currently assigned DOL regional office.

Backlog Reduction Center Shipment Schedules:


The ETA estimates that by March 31, 2005, all SWA backlog cases will be transferred to one of the backlog reduction centers in Dallas or Philadelphia, or assigned to a DOL regional office for completion of processing.

All cases received at backlog centers will be processed in order of priority date to ensure the oldest cases are worked on first.

Traditional and Reduction in Recruitment (“RIR”) cases will continue to be reviewed in two different tracks at the backlog reduction centers.

The DOL regional office in San Francisco has already transferred 20,000 pending labor certification applications to the backlog centers.

This transfer will assist in reducing the oldest federal backlog of cases. Applications that a regional office has already started to review will not be transferred in order to avoid case disruption.

The first shipment of cases from the SWAs was scheduled in October 2004. This consists of those cases at the state level with the oldest priority dates, regardless of geographic location. Therefore, not all SWAs have been involved in this first round because the DOL’s concentration is focused on the oldest case backlogs.

The final round of case shipments will begin in January 2005, and should be received by the backlog centers no later than the end of March 2005. This will include all cases received by all SWAs prior to December 31, 2004, for which case review has not started.

What this means:

The following points summarize the most significant changes to labor certification processing that will begin on January 1, 2005:


The national processing of labor certification applications will use a first-in, first-out policy, regardless of the location where the case was originally filed in order to apply an equitable and fair approach.

Because of the national processing approach to labor certification review, there will be no processing advantage to filing in one geographical location versus another.

The backlog reduction centers will review cases in order of priority date, and that will benefit the most severely backlogged states: California, New York, and New Jersey.

The 20,000 cases that have been shipped from the San Francisco DOL regional office have not yet been identified, and it is unknown to which backlog reduction center they have been shipped.

As the backlog reduction plan is rolled out, the DOL will send to attorneys of record notification of where cases are being sent, as well as a request for confirmation that the employer intends to continue the application.

If PERM is not implemented, the Atlanta and Chicago national processing centers will serve as two additional backlog reduction sites.

If PERM is not implemented, labor certification applications submitted after January 1, 2005, will continue to be filed with SWAs, and then transferred, in order of priority date, to either a backlog reduction center, or to one of the national processing centers in Atlanta or Chicago.

Cases will be forwarded from SWAs based upon a schedule from the ETA division of DOL.Therefore, cases filed with a SWA after January 1, 2005 will not receive any sort of priority in adjudication.

Substantial and significant reduction in both the traditional and RIR backlogs is expected in 2005, particularly for cases filed in California

Regards,
Hawk3000
 
hawk3000 said:
Dear L/C applicants:
Following is the info that u all may find very interesting. In addition, never loose hope, u never know! There is always light at the end of the tunnel and everything that gets started gets ended too. Good luck to all
Following is the info that I got from my lawyer:
Click to expand...
This is old info. If they really go FIFO according to SWA receiving date, it will be totally unfair to most of us under Philly Regional as I said before.
 
hawk3000 said:
Dear L/C applicants:
...
Following is the info that I got from my lawyer:
...

A summary of these points is as follows:

DOL’s Current Plan:

The final PERM regulation is still pending clearance at the Office of Management and Budget. As of 11/20/04, this is still the case

If the PERM regulation is published, the SWAs will no longer accept labor certification applications.

After the PERM effective date, the role of the SWA with respect to labor certification review will be limited to prevailing wage determinations.
...

DOL’s Contingency Plan:

The TG memo provides for a contingency plan in the event that the PERM regulation is not published. Regardless of whether PERM is published, the SWA role will change in 2005. Processing will shift from a state-federal system to a primarily federally-administered program.

Dallas and Philadelphia will initially process the DOL regional office backlogs and then begin to handle cases currently backlogged at the SWAs. This is still the plan

Work at the backlog reduction centers will be augmented by case processing occurring at the DOL regional offices and the SWAs. The DOL expects the Dallas and Philadelphia backlog centers to complete their work within two years, at which point they will be closed. We all have figured out that this is overly optimistic
In addition, the DOL is in the process of establishing national processing centers in Atlanta and Chicago, where all labor certification applications (except for those backlogged cases being processed in Dallas and Philadelphia) will be adjudicated. These national centers are expected to be operational by January 1, 2005. If PERM is not implemented, Atlanta and Chicago will serve as two additional backlog reduction locations.

State Workforce Agency Role:

If the PERM regulation is published, SWAs are instructed to stop accepting labor certification applications sixty-one (61) days after the publication of the regulation.

The DOL will issue specific guidance as to where SWAs will forward remaining applications.

SWAs will continue to accept and review cases until January 1, 2005, at which point, SWAs will not start review of any applications, but simply date stamp and log applications in order to establish a filing date (priority date). After January 1, 2005, cases at SWAs that are in the process of SWA review should be completed and then forwarded to Atlanta or Chicago.

SWAs will continue to accept but not open and review cases filed by employers after January 1, 2005. These applications will be forwarded to either Atlanta or Chicago based upon a schedule to be provided to the SWAs.

SWA cases that are under review up until January 1, 2005, will be sent to the currently assigned DOL regional office.

Backlog Reduction Center Shipment Schedules:


The ETA estimates that by March 31, 2005, all SWA backlog cases will be transferred to one of the backlog reduction centers in Dallas or Philadelphia, or assigned to a DOL regional office for completion of processing. Current estimates, however, point to March 2006 as being the date at which DATA ENTRY ALONE of backlogged cases will be completed

All cases received at backlog centers will be processed in order of priority date to ensure the oldest cases are worked on first. Key to remember about FIFO is that this will only apply AFTER confirmation has been returned to 45-day letters

Traditional and Reduction in Recruitment (“RIR”) cases will continue to be reviewed in two different tracks at the backlog reduction centers.

The DOL regional office in San Francisco has already transferred 20,000 pending labor certification applications to the backlog centers.
...
The first shipment of cases from the SWAs was scheduled in October 2004. This consists of those cases at the state level with the oldest priority dates, regardless of geographic location. Therefore, not all SWAs have been involved in this first round because the DOL’s concentration is focused on the oldest case backlogs.

What this means:

The following points summarize the most significant changes to labor certification processing that will begin on January 1, 2005:

The national processing of labor certification applications will use a first-in, first-out policy, regardless of the location where the case was originally filed in order to apply an equitable and fair approach.

Because of the national processing approach to labor certification review, there will be no processing advantage to filing in one geographical location versus another.

The backlog reduction centers will review cases in order of priority date, and that will benefit the most severely backlogged states: California, New York, and New Jersey.

The 20,000 cases that have been shipped from the San Francisco DOL regional office have not yet been identified, and it is unknown to which backlog reduction center they have been shipped.These case have been identified and shipped and are currently undergoing data entry at the BEC's.Roughly divided, half to Phil and half to Dallas.

If PERM is not implemented, the Atlanta and Chicago national processing centers will serve as two additional backlog reduction sites.

If PERM is not implemented, labor certification applications submitted after January 1, 2005, will continue to be filed with SWAs, and then transferred, in order of priority date, to either a backlog reduction center, or to one of the national processing centers in Atlanta or Chicago.

Cases will be forwarded from SWAs based upon a schedule from the ETA division of DOL.Therefore, cases filed with a SWA after January 1, 2005 will not receive any sort of priority in adjudication.

Substantial and significant reduction in both the traditional and RIR backlogs is expected in 2005, particularly for cases filed in California

Regards,
Hawk3000
Click to expand...
 
sarathynp said:
Guys,

Next time when one of you talk to your good contacts, can you find out what is the role of DOT code in this whole process.

We all know that some DOT codes are getting processed faster, and some codes like 999.151-031 are going slow.

Now with the new system will there be any change.

Thanks.
Click to expand...
As of now, no information has been provided that designates priority on cases based upon Occupational Coding. Obviously, as with everything regarding these cases, this may be subject to change once actual processing of cases begins or with additional information/direction from the DOL.
 
pennwaiting said:
Well, I do not agree with you that we should expect this kind of problems. They have stopped processing any cases at Philly Regional for nearly a year just to prepare for this freaking BEC! And I don't believe they will process cases faster. Look, they do not have any obligation to ELIMINATE the backlog. The cases they cannot finish in two years will be moved over to NPC. Or probably use that as an excuse to extend the contract. Remember people at BEC will lose their jobs on the day the backlog is eliminated. It is such a simple logic.
Click to expand...
Continuation of the BEC contract is dependant upon contractors' successful fulfillment of it's contract with DOL. NPC's will have their hands full trying to keep up with current applications, whether PERM or otherwise. Granted, BEC contract does have provision for extensions (solely at DOL's discretion), and BEC contractor is fully aware that, once backlog is eliminated, they cease to exist, at least in that capacity.
 
akela said:
...anyway here they are --
1. It will take another two weeks before the letters go out. It seams a new computer system has been installed (what new, newer than the last new or the same one...I don't know). New system is at DOL's insistence, acronym is PBLS (Pebbles-brings to mind Flinstonian parallels)
2.No process has been defined yet, who goes first, they will cross the bridhe once they come upon it. Once the @#*%& letter program's bugs are worked out, letters will be printed out in batches from data entry queue
3.Hopefully letters go out before Dec Christmas. See #2 above, and draw your own conclusions

rgds,
akela

Ps- Please stop calling them, I will too, let Tomshu ask.
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Please help

Labour Filed in RIR in California 08/2001
Transferred to Federal 08/2002
Remanded To State on 06/2003

Sitting in Regular queue since then

Questions:
a). When my case goes back to federal from SWA will i retain my old RD
OR i will get a new RD?

b). Now with the new regulations that the cases will get processed
based on RD, if i get a new RD then dont i have to wait much longer
because i will get a later date?

c). I beleive i will retain my PD. Is that correct?

Thanks
 
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Hi gurus,
Can we file HI1B transfer and extension after 6th year at the same time?
Please inform if anybody has idea about this
 
Guys:

- If VA SWA forwards the case to DOL, would it be Philadelhia DOL or Philadelphia BEC? Or are they the same thing?
- For new cases, since they know they do not need send out letters at all...would they still queue them up and send the letters or simpy start processing them at some point?
- Also, any updates on the letters that were supposed to be sent out by now?
 
Do they send out letter today or yesterday or my misunderstanding?

12/06/2004: DOL Inspector General Audit Result of Backlog Labor Certification Cases (Source:breaknews of www.immigration-law.com )

The Office of Inspector General reports that it recently conducted audit of the backlogged labor certification applications and found the following concerns:
69% cases were misrepresented or incomplete.
84% involved aliens working without work authorization.
72% involved aliens without legal status.
The report thus raised a concern that many of the applications that should be denied would be approved because of the priority to eliminate the backlog. The report also reports the findings of pervasive fraudulent activities involving the labor certification applications and filing of bogus applications for the substitution purposes on blackmarket sales. This report is likely to affect the processing of the backlogged cases by the National Backlog Reduction Centers as these Centers should maintain a balance between the need for reduction of backlogs and the need for maintaining the integrity of the permanent labor certification applications. It also suggests that unlikely the general expection in the immigrant community, the cases may not move as fast as people anticipates and there will be a large number of cases that would be denied or required for additional corrective measures. Read the report.
The AILA has reported from the DOL information that DOL Backlog Reduction Centers would mail out 10,000 Receipt Notices to the applicants beginning from today with the request for response within 45 days pursuant to the labor certification regulation.
 
Would certainly be great news if they start sending the letter out today! We would all cheer it. Atleast it means, some movement and a step closer towards approval! Guess we will have to wait and watch...maybe Tomshu/Akela can call and confirm
 
Tracker

All,

In preparation for the letter I have created a tracker with the following fields:

User Name: Your id
PD: Your priority date, i.e. the date case was originally submitted to State SWA.
SWA: State where you filed.
Transferred from: State SWA or DOL Regional where your case was transferred from to BEC.
45 Day Letter Sent: The date BEC mailed the letter to your employer/attorney
45 Day Letter Replied: The date your attorney/employer sent a response to BEC
Approved: Approval date

I would suggest that as soon as letters start coming out we begin populating.

Comments welcome.
 
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12/14/2004 PERM Cleared12/10/04

The White House announced in the dawn today that it cleared the long-awaited PERM final regulation of the U.S. Department of Labor. The exact date of release of this regulation in the federal register is unknown and left to the DOL, but it may not take too long to release this regulation. The Chief of Foreign Labor Certification, DOL, previously stated that once the regualtion was published, it would have 60-day window period of time before the PERM program would be actually launched. Now, PERM is reality and no longer the subject of speculation.
The current labor certification system of RIR, Limited Review, and Regular labor certification applications will soon disappear and be discontinued. The National Processing Centers in Chicago and Atlanta will go into full operation of the new labor certification applications named PERM as soon as the 60-day window is opened. For the development of this news, please stay tuned to this website.
SOURCE: http://www.immigration-law.com
 
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