Interesting article... Source:
www.immigration.com
DOL Updates - 03/24/04
Number of applications processed to completion in each region last year
Boston 10,199
New York 11,667
Philadelphia 12,916
Atlanta 12,917
Chicago 12,124
Dallas 5,737
San Francisco 13,329
Total 78,889
Number of permanent Labor Certification applications in the backlog in the State and Regional Offices.
As of 10/31/2003
States 265,163
Regions 50,498
Total 315,661
Processing of PERM applications
According to the center the current probability is that there will be two PERM processing centers, located in Atlanta and Chicago, reporting to the national office. DOL remains committed to implementing PERM and believes that PERM is a major reform that will solve many problems in the existing foreign labor certification program. For example, two important goals of PERM are faster and more consistent adjudications. Between the publication and implementation of PERM, DOL will post information on its website explaining the PERM form, the process, and the differences between the NPRM and the final regulation. DOL also plans to hold four public education seminars on PERM in various locations across the country.
Backlog reduction plan.
It is currently anticipated that there will be two Backlog Reduction Centers located in Philadelphia and Dallas. DOL plans to hire contractors to work on backlog reduction. DOL's RFP for the Backlog Reduction Centers is posted on their website. However, by statute, the Secretary of Labor is responsible for issuing labor certifications. Therefore, there will continue to be substantial federal oversight through certifying officers and senior analysts who will continue to be DOL employees, not contract workers. Some of these positions may be filled by staff currently at the Regional Offices in Philadelphia and Dallas.
Budget impact on the plans for backlog reduction centers
DOL has funding for the Backlog Reduction Centers. It is difficult to estimate exactly how many of the cases in the backlog will require processing since it is anticipated that some of the cases will drop out because the employer is no longer in existence or no longer interested, others will be converted to PERM. DOL hopes that many employers take advantage of PERM conversion. DOL does not yet know whether the Backlog Reduction Centers will be up and running at exactly the same time as PERM implementation. The Backlog Reduction Centers will report to the national office.
Funding of SWAs
Since the actual implementation of PERM is unlikely to be prior to October 2004, the SWAs are funded for this fiscal year.
Before the budget was passed, the government was operating under a continuing resolution, which meant that the SWAs were funded based on last year's allocation. Now that the budget has passed, the SWAs will be funded based on a formula that takes into account workload, productivity, and other factors.
Anticipated start date for the new Backlog Reduction Centers to start processing cases and the role of SWAs as the backlog reduction centers become operational.
The SWAs will continue to accept cases until the actual implementation date of PERM. On that date, the size of the backlog will be fixed. DOL's goal is to start up the Backlog Reduction Centers as soon as possible, but the actual date will depend on PERM implementation, as well as other factors. DOL is currently planning for the transition of backlogged cases to the Backlog Reduction Centers and how that transition will be implemented, preserving existing guidelines and processing cases in the order of their receipt. After full implementation of PERM, the SWAs will retain responsibility for prevailing wage determinations. The National Office is currently reviewing the cost of the prevailing wage function across the country and is aware of the fact that some states are not providing prevailing wage determinations for permanent applications and/or for H-1B LCAs.
H-2A and H-2B applications processed at the PERM centers
DOL foresees that in due course H-2A and H-2B applications will be processed at the PERM centers, with staff cross trained on the temporary and permanent programs in order to be more responsive to changes in workflow.
How would a wage analyst respond to a prevailing wage request when the salary exceeds $70 per hour?
DOL has informed the Certifying Officers that when the Online Wage Library reports a wage as "at least $70/hour," $70/hour should be treated as the prevailing wage.
One State Office reports that prevailing wages will be updated two times per year in March and September.
DOL affirmed that prevailing wages are updated annually and would like information as to the state or states that reported this information.
Expedites
There is no expedited handling or fast-tracking by occupation. Labor certifications are handled in the order of priority date.