10/21/2004: DOL National Processing Centers and Jurisdictions
The National Processing Center in Chicago will cover the states under the jurisdictions of current Region IV (Dallas-Denver), Region V (Chicago-Kansas City), and Region VI (San Francisco-Seattle), and the National Processing Center in Atlanta will cover the states under the jurisdictions of current Region I (Boston-New York), Region II (Philadelphia), and Region III (Atlanta).
The list of states under the jurisdiction of the two National Processing Centers are as follows:
Atlanta NPC
Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut, New York, New Jersey, Pennsylvanis, Delaware, Maryland, Washington, D.C., Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi
Chicago NPC
Alaska, Hawaii, Washington, Oregon, California, Idano, Nevada, Arizona, Montana, Wyoming, Utah, Colorado, New Mexico, North Dakota, South Dakota, Nebraska, Kansas, Missouri, Oklahoma, Texas, Minnesota, Wisconsin, Illinois, Michigan, Ohio, Indiana, Iowa, Arkansas, Louisiana
The concept of NPC and BEC is premised on prevention of backlogs for the new cases which are filed with the NPC through the State Offices after January 1, 2005, and removal of backlog cases which have been filed before January 1, 2005 through the BEC. Should the DOL launch the PERM, it is conceivable that the intended goal of prevention of accumulation of cases or backlogs may be achievable by the two NPCs without much hurdle. However, should the DOL fail to get approval of the PERM regulation and be forced to continue the current RIR/Regular/Limited Review Processing labor certification system, the perceived goal of prevention of backlogs for the new cases after January 1, 2005 may pose a challenge for the two NPCs. When 10 or 6 Regions created such huge backlog of 300,000, one wonders how the two Centers would be able to process the same types of cases without creating another huge backlogs even if it is assumed that the DOL may adopt electronic filing system. Current labor certification system retains the so-called "supervised" labor certification process in such cases as Regular Labor Certification and Limited Review Processing applications, which consume tremendous resources, unlike the PERM program. It is interesting to watch how this new plan will unfold during the first six months in the calendar year 2005.
As for the backlog reduction tasks of the BECs, the DOL anticipates approximately 2 years to remove all the backlogs. Since the plan adopts FIFO processing principle, the backlog cases will be adjudicated in reverse order or counter clock wise in terms of the processing times. The oldest cases will be adjudicted earliest and the the latest cases will be adjudicated the last. Accordingly, the oldest filers will soon get adjudications,while the recent filers may have to endure a long wait to see their cases adjudicated by the BECs. Theoretically, the cases which are filed close to the end of the year 2004 can even take up to two years to get adjudication of their cases.
This presents a strategic question for the prospective filers of new labor certification applications: Whether or not it would be advisable to file before the end of the year 2004 or after January 1, 2005. Since those cases which are filed before the end of 2004 will be transferred to the BECs and other Regional Offices which can take up to two years to adjudicate because of the processing rule of FIFO, these prospective applicants should assess carefully the desirability of filing of their cases before the end of the year. They should seek legal counsel for such decision. On the other hand, filing after January 1, 2005 may present certain problem itself. The advantage seems to be that the FIFO processing rule may be confined to the NPC cases and the filers in the first few months may witness a fairly prompt adjudication of their cases. However, as the time progresses, it is anticipated that the NPCs would face their own backlogs, assuming that the PERM program never materializes. Additionally, should the PERM program be launched, they will have no options but filing the PERM applications which may not be in the best interest of the new applicants depending on the situation of the businesses. Reportedly, the proposed PERM regulation has been substantially revised towards the restrictive direction and it is unkown factor at the best at this point of time. Remember that once the PERM program is launched, the options of regular application, RIR or limited review processing under the current labor certification system will disappear!! We will have to watch carefully how the PERM regulation will unfold after the National election.
The National Processing Center in Chicago will cover the states under the jurisdictions of current Region IV (Dallas-Denver), Region V (Chicago-Kansas City), and Region VI (San Francisco-Seattle), and the National Processing Center in Atlanta will cover the states under the jurisdictions of current Region I (Boston-New York), Region II (Philadelphia), and Region III (Atlanta).
The list of states under the jurisdiction of the two National Processing Centers are as follows:
Atlanta NPC
Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut, New York, New Jersey, Pennsylvanis, Delaware, Maryland, Washington, D.C., Virginia, West Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi
Chicago NPC
Alaska, Hawaii, Washington, Oregon, California, Idano, Nevada, Arizona, Montana, Wyoming, Utah, Colorado, New Mexico, North Dakota, South Dakota, Nebraska, Kansas, Missouri, Oklahoma, Texas, Minnesota, Wisconsin, Illinois, Michigan, Ohio, Indiana, Iowa, Arkansas, Louisiana
The concept of NPC and BEC is premised on prevention of backlogs for the new cases which are filed with the NPC through the State Offices after January 1, 2005, and removal of backlog cases which have been filed before January 1, 2005 through the BEC. Should the DOL launch the PERM, it is conceivable that the intended goal of prevention of accumulation of cases or backlogs may be achievable by the two NPCs without much hurdle. However, should the DOL fail to get approval of the PERM regulation and be forced to continue the current RIR/Regular/Limited Review Processing labor certification system, the perceived goal of prevention of backlogs for the new cases after January 1, 2005 may pose a challenge for the two NPCs. When 10 or 6 Regions created such huge backlog of 300,000, one wonders how the two Centers would be able to process the same types of cases without creating another huge backlogs even if it is assumed that the DOL may adopt electronic filing system. Current labor certification system retains the so-called "supervised" labor certification process in such cases as Regular Labor Certification and Limited Review Processing applications, which consume tremendous resources, unlike the PERM program. It is interesting to watch how this new plan will unfold during the first six months in the calendar year 2005.
As for the backlog reduction tasks of the BECs, the DOL anticipates approximately 2 years to remove all the backlogs. Since the plan adopts FIFO processing principle, the backlog cases will be adjudicated in reverse order or counter clock wise in terms of the processing times. The oldest cases will be adjudicted earliest and the the latest cases will be adjudicated the last. Accordingly, the oldest filers will soon get adjudications,while the recent filers may have to endure a long wait to see their cases adjudicated by the BECs. Theoretically, the cases which are filed close to the end of the year 2004 can even take up to two years to get adjudication of their cases.
This presents a strategic question for the prospective filers of new labor certification applications: Whether or not it would be advisable to file before the end of the year 2004 or after January 1, 2005. Since those cases which are filed before the end of 2004 will be transferred to the BECs and other Regional Offices which can take up to two years to adjudicate because of the processing rule of FIFO, these prospective applicants should assess carefully the desirability of filing of their cases before the end of the year. They should seek legal counsel for such decision. On the other hand, filing after January 1, 2005 may present certain problem itself. The advantage seems to be that the FIFO processing rule may be confined to the NPC cases and the filers in the first few months may witness a fairly prompt adjudication of their cases. However, as the time progresses, it is anticipated that the NPCs would face their own backlogs, assuming that the PERM program never materializes. Additionally, should the PERM program be launched, they will have no options but filing the PERM applications which may not be in the best interest of the new applicants depending on the situation of the businesses. Reportedly, the proposed PERM regulation has been substantially revised towards the restrictive direction and it is unkown factor at the best at this point of time. Remember that once the PERM program is launched, the options of regular application, RIR or limited review processing under the current labor certification system will disappear!! We will have to watch carefully how the PERM regulation will unfold after the National election.