Whether VA picks up or not, its not wise going after companies in faster GC processing areas unless its established there for 5 yrs with excellent track record. One thing i can tell you is, VA is solid and Philly is even more solid. Just stay where u are. My opinion....DSLstart said:
Virginia SESA Tracker
- Thread starter handsomedil
- Start date
- Status
News On PERM And Labor Cert Backlogs
DOL recently published its semi-annual regulatory agenda, a close reading of which suggests that big news may be in the pipeline on both PERM and the labor cert backlog reduction effort.
On the backlog reduction effort, which has already been funded to an unprecedented level by Congress, the language is straightforward
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 07/00/04
Regulatory Flexibility Analysis Required: No
We read this to mean that DOL will publish an interim final rule this month which would create two "backlog reduction centers" (a.k.a. DOL Service Centers) in Dallas and Philadelphia. This would lead to a significant reduction in labor cert processing times in the most backlogged states over the next 12-24 months, with a comcomitant change in labor cert strategy for many law firms (e.g. RIR may take even longer than traditional cases after the backlog has disappeared!). This would also mark a further diminishing of the SWAs' role in labor certs.
By contrast, the language on PERM is lengthier and more ambiguous
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits have not been determined at this time. Preliminary
estimates will be developed after a decision is made as to what
regulatory amendments are necessary and after the implementing forms
and automated systems to support a streamlined permanent labor
certification process have been developed.
[ ... ]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/06/02 67 FR 30465
NPRM Comment Period End 07/05/02 67 FR 30466
Final Action 07/00/04
Regulatory Flexibility Analysis Required: Undetermined
The contrast in the language between the backlog reduction effort and PERM is readily apparent. We read this to mean that DOL has hit roadblocks on its PERM plans, but will take some "Final Action" later this month. This could mean many things including that PERM needs to be republished as a proposed rule for another round of comments, or that DOL may publish an interim rule and fight it out in the courts. It is possible that DOJ/DHS have expressed concerns on possible fraud under PERM, or other objections from OMB or the employer community have stayed its hand somewhat. DOL is playing the cards pretty close to its chest, and it is possible that considerations of different constituencies within DOL may be at work.
Immigration Daily will keep you informed on developments on both the labor cert backlog reduction and PERM.
DOL recently published its semi-annual regulatory agenda, a close reading of which suggests that big news may be in the pipeline on both PERM and the labor cert backlog reduction effort.
On the backlog reduction effort, which has already been funded to an unprecedented level by Congress, the language is straightforward
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 07/00/04
Regulatory Flexibility Analysis Required: No
We read this to mean that DOL will publish an interim final rule this month which would create two "backlog reduction centers" (a.k.a. DOL Service Centers) in Dallas and Philadelphia. This would lead to a significant reduction in labor cert processing times in the most backlogged states over the next 12-24 months, with a comcomitant change in labor cert strategy for many law firms (e.g. RIR may take even longer than traditional cases after the backlog has disappeared!). This would also mark a further diminishing of the SWAs' role in labor certs.
By contrast, the language on PERM is lengthier and more ambiguous
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits have not been determined at this time. Preliminary
estimates will be developed after a decision is made as to what
regulatory amendments are necessary and after the implementing forms
and automated systems to support a streamlined permanent labor
certification process have been developed.
[ ... ]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/06/02 67 FR 30465
NPRM Comment Period End 07/05/02 67 FR 30466
Final Action 07/00/04
Regulatory Flexibility Analysis Required: Undetermined
The contrast in the language between the backlog reduction effort and PERM is readily apparent. We read this to mean that DOL has hit roadblocks on its PERM plans, but will take some "Final Action" later this month. This could mean many things including that PERM needs to be republished as a proposed rule for another round of comments, or that DOL may publish an interim rule and fight it out in the courts. It is possible that DOJ/DHS have expressed concerns on possible fraud under PERM, or other objections from OMB or the employer community have stayed its hand somewhat. DOL is playing the cards pretty close to its chest, and it is possible that considerations of different constituencies within DOL may be at work.
Immigration Daily will keep you informed on developments on both the labor cert backlog reduction and PERM.
PainfulGC123
Registered Users (C)
Current processing dates...
VEC, Richmond (Nine Miles Office) is now processing...
RIR: February 4, 2003
Non-RIR: April 8, 2002
They didn't make much progress this week.
VEC, Richmond (Nine Miles Office) is now processing...
RIR: February 4, 2003
Non-RIR: April 8, 2002
They didn't make much progress this week.
PainfulGC123
Registered Users (C)
It will go to Nine Miles Office. If you have your case number, you can cross check by calling them to make sure they have your case.
Labor certification delay.
Permanent Labor Certification Backlog Reduction Regulation: This regulation, after the 90-day review by the OMB, was cleared by the OMB quite sometime back, but the agency (U.S. Department of Labor) is delaying release of this regulation for the unknown reasons. Reportedly, the Directors of the Backlog Reduction Centers have been offered the jobs and the contractors have been selected, but the rule-making process that specifies the procedures, standards, and qualification has yet to be completed. No one knows why.
PERM Final Regulation for Reengineered Labor Certification System: There was practically no other reform which frustrated the immigrant community as much as this reform. It took over four years and is still in limbo. After all the hurdles, the agency finally forwarded the final rule to the OMB on February 23, 2004, but at the last minute of the 90-day review period, the agency requested the OMB to extend the approval of the regulation for the reasons that the DOL faced some different views from other related agencies, assumedly the department of state and the DHS. The OMB thus extended its review beyond May 21, 2004. Without revision, the OMB should have completed the regulation review within ten days after that. But apparently, the DOL revised the regulation to accomodate the views and comments from the related agencies, allowing more time to the OMB to complete the review. Extended review has already taken approximately two months and there is still no light at the end of the tunnel.
The 9/11 has changed our lives so many ways, but one of its impacts involves "secrecy" crept into the government process for the reasons of homeland security. There are no longer open dialogues in the decision making process between the government agencies and their constituents which were the "norm" before 9/11. Some stake-holder organizations also participate in the secretive process withholding some agency information to the insiders only for fear of retaliation by the agencies to cease leaking the information to the stake-holders. All blames should go to the 9/11 incident, terrorism, and the different world we are living in now.
Thank you
orissa
Permanent Labor Certification Backlog Reduction Regulation: This regulation, after the 90-day review by the OMB, was cleared by the OMB quite sometime back, but the agency (U.S. Department of Labor) is delaying release of this regulation for the unknown reasons. Reportedly, the Directors of the Backlog Reduction Centers have been offered the jobs and the contractors have been selected, but the rule-making process that specifies the procedures, standards, and qualification has yet to be completed. No one knows why.
PERM Final Regulation for Reengineered Labor Certification System: There was practically no other reform which frustrated the immigrant community as much as this reform. It took over four years and is still in limbo. After all the hurdles, the agency finally forwarded the final rule to the OMB on February 23, 2004, but at the last minute of the 90-day review period, the agency requested the OMB to extend the approval of the regulation for the reasons that the DOL faced some different views from other related agencies, assumedly the department of state and the DHS. The OMB thus extended its review beyond May 21, 2004. Without revision, the OMB should have completed the regulation review within ten days after that. But apparently, the DOL revised the regulation to accomodate the views and comments from the related agencies, allowing more time to the OMB to complete the review. Extended review has already taken approximately two months and there is still no light at the end of the tunnel.
The 9/11 has changed our lives so many ways, but one of its impacts involves "secrecy" crept into the government process for the reasons of homeland security. There are no longer open dialogues in the decision making process between the government agencies and their constituents which were the "norm" before 9/11. Some stake-holder organizations also participate in the secretive process withholding some agency information to the insiders only for fear of retaliation by the agencies to cease leaking the information to the stake-holders. All blames should go to the 9/11 incident, terrorism, and the different world we are living in now.
Thank you
orissa
07/20/2004:Labor Certification Backlog Reduction Regulation Release Imminent,07/21/04
AILA has learned that the DOL will release this regulation probably on July 21, 2004. AILA has also obtained a copy of the regulation which will be released as the Interim Final Regulation. The regulation will be implemented in 30 days from the date of publication in the federal register. The regulation is very short and does not go into the details. The skeleton of the backlog reduction are as follows:
The Chief of Foreign Labor Certification, William Carlson, is designated as the "National Certifying Officer." This Officer has two authorities under the regulation:
Determination of which existing cases at the state offices and the regional certifying officers offices should be transferred to the national reduction processing centers, involving obviously the decision to transfer when, how, in what sequences, etc. The regulation provides that the details on this issue be stipulated and released in the form of "Directives."
National Certifying Officer will perform adjudication of certain cases which the processing centers deemed necessary because of the issues involved. These cases will be handled and decided by the National Certifying Officer.
The backlog reduction centers will perform the jobs of the current state offices and the regional certifying officers offices for the cases which are transferred to the backlog reduction center. In this regard, the backlog reduction center changes from the current two-tier (state-regional) system to one-tier system just like the upcoming PERM program operation.
The details have yet to be developed and announced by the DOL as to how this regulation will be actually implemented. It is, however, important to learn that the backlog reduction job will go into operation in a month or so from now. Good news, indeed.
Another 30 days waiting to see so called big Elephent coming and on the way.
uffffff....!
orissa
AILA has learned that the DOL will release this regulation probably on July 21, 2004. AILA has also obtained a copy of the regulation which will be released as the Interim Final Regulation. The regulation will be implemented in 30 days from the date of publication in the federal register. The regulation is very short and does not go into the details. The skeleton of the backlog reduction are as follows:
The Chief of Foreign Labor Certification, William Carlson, is designated as the "National Certifying Officer." This Officer has two authorities under the regulation:
Determination of which existing cases at the state offices and the regional certifying officers offices should be transferred to the national reduction processing centers, involving obviously the decision to transfer when, how, in what sequences, etc. The regulation provides that the details on this issue be stipulated and released in the form of "Directives."
National Certifying Officer will perform adjudication of certain cases which the processing centers deemed necessary because of the issues involved. These cases will be handled and decided by the National Certifying Officer.
The backlog reduction centers will perform the jobs of the current state offices and the regional certifying officers offices for the cases which are transferred to the backlog reduction center. In this regard, the backlog reduction center changes from the current two-tier (state-regional) system to one-tier system just like the upcoming PERM program operation.
The details have yet to be developed and announced by the DOL as to how this regulation will be actually implemented. It is, however, important to learn that the backlog reduction job will go into operation in a month or so from now. Good news, indeed.
Another 30 days waiting to see so called big Elephent coming and on the way.
uffffff....!
orissa
PainfulGC123
Registered Users (C)
News Flash from The Law Office of Sheela Murthy
News Flash from The Law Office of Sheela Murthy
July 20, 2004 the U.S. Department of Labor issued an advance copy of the long-awaited labor certification backlog reduction regulation. Expected to be published in the Federal Register on July 21, 2004, the regulation should be effective August 21, 2004, 30 days from publication. Changes will allow for the transfer of pending labor certification cases to centralized processing center/s to clear significant backlogs in labor certification cases.
Previous articles about backlog reduction centers to be set up at Dallas, TX and Philadelphia, PA can be found on MurthyDotCom. More on this to follow in the July 23 edition of the MurthyBulletin!
Source: http://www.murthy.com
News Flash from The Law Office of Sheela Murthy
July 20, 2004 the U.S. Department of Labor issued an advance copy of the long-awaited labor certification backlog reduction regulation. Expected to be published in the Federal Register on July 21, 2004, the regulation should be effective August 21, 2004, 30 days from publication. Changes will allow for the transfer of pending labor certification cases to centralized processing center/s to clear significant backlogs in labor certification cases.
Previous articles about backlog reduction centers to be set up at Dallas, TX and Philadelphia, PA can be found on MurthyDotCom. More on this to follow in the July 23 edition of the MurthyBulletin!
Source: http://www.murthy.com
07/21/2004: Labor Certification Backlog Reduction Regulation Published Today-Part 1
[Federal Register: July 21, 2004 (Volume 69, Number 139)]
[Rules and Regulations]
[Page 43715-43719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy04-16]
[[Page 43715]]
-----------------------------------------------------------------------
Part V
Department of Labor
-----------------------------------------------------------------------
Employment and Training Administration
-----------------------------------------------------------------------
20 CFR Part 656
Labor Certification for the Permanent Employment of Aliens in the
United States; Backlog Reduction; Interim Final Rule
[[Page 43716]]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 656
RIN 1205-AB37
Labor Certification for the Permanent Employment of Aliens in the
United States; Backlog Reduction
AGENCY: Employment and Training Administration, Labor.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (Department or DOL) is issuing this interim final
rule to address an existing backlog in pending applications for labor
certification for the permanent employment of aliens in the United
States. This amendment to the regulations governing labor certification
applications for permanent employment will allow the National
Certifying Officer to transfer to a centralized ETA processing
center(s) applications now awaiting processing by State Workforce
Agencies (SWAs) or ETA Regional Offices. This interim final rule does
not affect the pending proposal to streamline procedures for permanent
labor certification under 20 CFR part 656, which was published in the
Federal Register of May 6, 2002, and which is expected to be finalized
in 2004. This interim final rule affects only applications filed under
existing regulations, while the streamlined certification regulation
will govern processing of new applications filed after that regulation
takes effect.
DATES: This interim final rule is effective August 20, 2004. Interested
persons are invited to submit written comments on this interim final
rule. To ensure consideration, comments must be received on or before
August 20, 2004.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB37, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the website instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
blrcomments@dol.gov. Include RIN 1205-AB37 in the subject line of the
message.
Mail: Submit written comments to the Assistant Secretary
for Employment and Training Administration, U.S. Department of Labor,
200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210,
Attention: William Carlson, Chief, Division of Foreign Labor
Certification. Because of security measures, mail directed to
Washington, DC is sometimes delayed. We will only consider comments
postmarked by the U.S. Postal Service or other delivery service on or
before the deadline for comments.
Instructions: All submissions received must include the RIN 1205-
AB37 for this rulemaking. Receipt of submissions, whether by U.S. mail
or e-mail will not be acknowledged. Because DOL continues to experience
delays in receiving postal mail in the Washington, DC area, commenters
are encouraged to submit any comments by mail early.
Comments will be available for public inspection during normal
business hours at the address listed above for mailed comments. Persons
who need assistance to review the comments will be provided with
appropriate aids such as readers or print magnifiers. Copies of this
interim final rule may be obtained in alternative formats (e.g., large
print, Braille, audiotape, or disk) upon request. To schedule an
appointment to review the comments and/or to obtain the proposed rule
in an alternative format, contact the Division of Foreign Labor
Certification at 202-693-3010 (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Contact Denis Gruskin, Senior
Specialist, Division of Foreign Labor Certification, Employment and
Training Administration, 200 Constitution Avenue, NW., Room C-4312,
Washington, DC 20210; Telephone: (202) 693-2953 (this is not a toll-
free number).
Individuals with hearing or speech impairments may access the
telephone numbers above via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Statutory Standard
Before the United States Citizenship and Immigration Services (CIS)
of the Department of Homeland Security \1\ may approve petition
requests and the Department of State may issue visas and admit certain
immigrant aliens to work permanently in the United States, the
Secretary of Labor first must certify to the Secretary of State and to
the Secretary of Homeland Security that:
---------------------------------------------------------------------------
\1\ See 6 U.S.C. 236(b), 552(d), and 557.
---------------------------------------------------------------------------
(a) There are not sufficient United States workers who are able,
willing, qualified, and available at the time of the application for a
visa and admission into the United States and at the place where the
alien is to perform the work; and
(b) The employment of the alien will not adversely affect the wages
and working conditions of similarly employed United States workers. See
Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(5)(A).
If the Secretary of Labor, through ETA, determines that there are
no able, willing, qualified, and available U.S. workers and that
employment of the alien will not adversely affect the wages and working
conditions of similarly employed U.S. workers, DOL so certifies to CIS
and to the Department of State by issuing a permanent alien labor
certification.
If DOL cannot make one or both of the above findings, the
application for permanent alien employment certification is denied.
II. Current Department of Labor Regulations
DOL has promulgated regulations, at 20 CFR part 656, governing the
labor certification process for the permanent employment of immigrant
aliens in the United States. Part 656 was promulgated under section
212(a)(5)(A) of the INA. 8 U.S.C. 1182(a)(5)(A).
Part 656 sets forth the responsibilities of employers who desire to
employ immigrant aliens permanently in the United States. Under current
regulations, employers file an ``Application for Alien Employment
Certification'' with the State Workforce Agency (SWA) serving the area
of intended employment. The SWA is responsible for various processing
steps, including date stamping the application, calculating the
appropriate prevailing wage, and placing the job opening into the
state's employment recruitment system.
The current process for obtaining a labor certification requires
employers to actively recruit U.S. workers in good faith for a period
of at least 30 days for the job openings for which aliens are sought.
The employer's job requirements must conform to the regulatory
standards.
Job applicants either are referred directly to the employer or
their resumes are sent to the employer. The employer has 45 days to
report to the SWA the lawful job-related reasons for not hiring any
referred U.S. worker. If the employer hires a U.S. worker for the job
opening, the process stops at that point, unless the employer has more
than one opening, in which case the application may continue to be
processed. If, however, the SWA
[[Page 43717]]
believes that able, willing, and qualified U.S. workers are not
available to take the job, the application, together with the
documentation of the recruitment results and prevailing wage
information, is sent to the appropriate ETA Regional Office. There, it
is reviewed and a determination made as to whether to issue the labor
certification based upon the employer's compliance with program
regulations. If DOL/ETA determines that there is no able, willing,
qualified, and available U.S. worker, and that the employment of the
alien will not adversely affect the wages and working conditions of
similarly employed U.S. workers, DOL/ETA so certifies to the CIS and
the Department of State by issuing a permanent labor certification. See
20 CFR part 656; see also section 212(a)(5)(A) of the INA, as amended.
On May 6, 2002, the Department published a Notice of Proposed
Rulemaking (NPRM) to substantially streamline part 656, which governs
the permanent labor certification program. The proposed streamlined
certification regulation, which is expected to be finalized in 2004,
will ``implement a new system for filing and processing'' permanent
labor certification applications. Among other things, State Workforce
Agencies will no longer receive or process applications as they do
under the current system, and employers will be required to conduct
recruitment before filing applications. The new processing system will
apply to all applications for permanent labor certifications filed on
or after the revised regulation's effective date.
[Federal Register: July 21, 2004 (Volume 69, Number 139)]
[Rules and Regulations]
[Page 43715-43719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy04-16]
[[Page 43715]]
-----------------------------------------------------------------------
Part V
Department of Labor
-----------------------------------------------------------------------
Employment and Training Administration
-----------------------------------------------------------------------
20 CFR Part 656
Labor Certification for the Permanent Employment of Aliens in the
United States; Backlog Reduction; Interim Final Rule
[[Page 43716]]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 656
RIN 1205-AB37
Labor Certification for the Permanent Employment of Aliens in the
United States; Backlog Reduction
AGENCY: Employment and Training Administration, Labor.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration (ETA) of the
Department of Labor (Department or DOL) is issuing this interim final
rule to address an existing backlog in pending applications for labor
certification for the permanent employment of aliens in the United
States. This amendment to the regulations governing labor certification
applications for permanent employment will allow the National
Certifying Officer to transfer to a centralized ETA processing
center(s) applications now awaiting processing by State Workforce
Agencies (SWAs) or ETA Regional Offices. This interim final rule does
not affect the pending proposal to streamline procedures for permanent
labor certification under 20 CFR part 656, which was published in the
Federal Register of May 6, 2002, and which is expected to be finalized
in 2004. This interim final rule affects only applications filed under
existing regulations, while the streamlined certification regulation
will govern processing of new applications filed after that regulation
takes effect.
DATES: This interim final rule is effective August 20, 2004. Interested
persons are invited to submit written comments on this interim final
rule. To ensure consideration, comments must be received on or before
August 20, 2004.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB37, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the website instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
blrcomments@dol.gov. Include RIN 1205-AB37 in the subject line of the
message.
Mail: Submit written comments to the Assistant Secretary
for Employment and Training Administration, U.S. Department of Labor,
200 Constitution Avenue, NW., Room C-4312, Washington, DC 20210,
Attention: William Carlson, Chief, Division of Foreign Labor
Certification. Because of security measures, mail directed to
Washington, DC is sometimes delayed. We will only consider comments
postmarked by the U.S. Postal Service or other delivery service on or
before the deadline for comments.
Instructions: All submissions received must include the RIN 1205-
AB37 for this rulemaking. Receipt of submissions, whether by U.S. mail
or e-mail will not be acknowledged. Because DOL continues to experience
delays in receiving postal mail in the Washington, DC area, commenters
are encouraged to submit any comments by mail early.
Comments will be available for public inspection during normal
business hours at the address listed above for mailed comments. Persons
who need assistance to review the comments will be provided with
appropriate aids such as readers or print magnifiers. Copies of this
interim final rule may be obtained in alternative formats (e.g., large
print, Braille, audiotape, or disk) upon request. To schedule an
appointment to review the comments and/or to obtain the proposed rule
in an alternative format, contact the Division of Foreign Labor
Certification at 202-693-3010 (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Contact Denis Gruskin, Senior
Specialist, Division of Foreign Labor Certification, Employment and
Training Administration, 200 Constitution Avenue, NW., Room C-4312,
Washington, DC 20210; Telephone: (202) 693-2953 (this is not a toll-
free number).
Individuals with hearing or speech impairments may access the
telephone numbers above via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Statutory Standard
Before the United States Citizenship and Immigration Services (CIS)
of the Department of Homeland Security \1\ may approve petition
requests and the Department of State may issue visas and admit certain
immigrant aliens to work permanently in the United States, the
Secretary of Labor first must certify to the Secretary of State and to
the Secretary of Homeland Security that:
---------------------------------------------------------------------------
\1\ See 6 U.S.C. 236(b), 552(d), and 557.
---------------------------------------------------------------------------
(a) There are not sufficient United States workers who are able,
willing, qualified, and available at the time of the application for a
visa and admission into the United States and at the place where the
alien is to perform the work; and
(b) The employment of the alien will not adversely affect the wages
and working conditions of similarly employed United States workers. See
Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(5)(A).
If the Secretary of Labor, through ETA, determines that there are
no able, willing, qualified, and available U.S. workers and that
employment of the alien will not adversely affect the wages and working
conditions of similarly employed U.S. workers, DOL so certifies to CIS
and to the Department of State by issuing a permanent alien labor
certification.
If DOL cannot make one or both of the above findings, the
application for permanent alien employment certification is denied.
II. Current Department of Labor Regulations
DOL has promulgated regulations, at 20 CFR part 656, governing the
labor certification process for the permanent employment of immigrant
aliens in the United States. Part 656 was promulgated under section
212(a)(5)(A) of the INA. 8 U.S.C. 1182(a)(5)(A).
Part 656 sets forth the responsibilities of employers who desire to
employ immigrant aliens permanently in the United States. Under current
regulations, employers file an ``Application for Alien Employment
Certification'' with the State Workforce Agency (SWA) serving the area
of intended employment. The SWA is responsible for various processing
steps, including date stamping the application, calculating the
appropriate prevailing wage, and placing the job opening into the
state's employment recruitment system.
The current process for obtaining a labor certification requires
employers to actively recruit U.S. workers in good faith for a period
of at least 30 days for the job openings for which aliens are sought.
The employer's job requirements must conform to the regulatory
standards.
Job applicants either are referred directly to the employer or
their resumes are sent to the employer. The employer has 45 days to
report to the SWA the lawful job-related reasons for not hiring any
referred U.S. worker. If the employer hires a U.S. worker for the job
opening, the process stops at that point, unless the employer has more
than one opening, in which case the application may continue to be
processed. If, however, the SWA
[[Page 43717]]
believes that able, willing, and qualified U.S. workers are not
available to take the job, the application, together with the
documentation of the recruitment results and prevailing wage
information, is sent to the appropriate ETA Regional Office. There, it
is reviewed and a determination made as to whether to issue the labor
certification based upon the employer's compliance with program
regulations. If DOL/ETA determines that there is no able, willing,
qualified, and available U.S. worker, and that the employment of the
alien will not adversely affect the wages and working conditions of
similarly employed U.S. workers, DOL/ETA so certifies to the CIS and
the Department of State by issuing a permanent labor certification. See
20 CFR part 656; see also section 212(a)(5)(A) of the INA, as amended.
On May 6, 2002, the Department published a Notice of Proposed
Rulemaking (NPRM) to substantially streamline part 656, which governs
the permanent labor certification program. The proposed streamlined
certification regulation, which is expected to be finalized in 2004,
will ``implement a new system for filing and processing'' permanent
labor certification applications. Among other things, State Workforce
Agencies will no longer receive or process applications as they do
under the current system, and employers will be required to conduct
recruitment before filing applications. The new processing system will
apply to all applications for permanent labor certifications filed on
or after the revised regulation's effective date.
07/21/2004: Labor Certification Backlog Reduction Regulation Published Today-Part 2
The interim final rule in this document does not alter the separate
streamlined certification regulation, but rather is focused on
reduction of the backlog of labor certification applications filed
under existing regulations with State Workforce Agencies, as described
in the next section. The streamlined certification regulation, once
finalized, will stabilize the backlog volume, since applications will
no longer be filed with a SWA on or after that regulation's effective
date and streamlined procedures will govern.
III. Background
ETA's Permanent Labor Certification Program is currently
experiencing an enormous backlog in pending applications for permanent
employment of alien immigrants. This backlog largely stems from
amendments enacted in December 2000 to section 245(i) of the INA. The
amendments allow aliens who entered the United States without
inspection or who fall within certain statutory categories to adjust
their status to that of a lawful permanent resident if a labor
certification application was filed on their behalf with a SWA on or
before April 30, 2001. See 8 U.S.C. 1255(i)(1)(B)(ii). We estimate that
approximately 236,000 applications were filed to meet the deadline of
April 30, 2001, at a time when less than 100,000 applications were
filed in an entire year. At the start of April 2003, over 280,000
permanent labor certification applications were in the SWA processing
queues throughout the nation, with another 30,000 applications in the
various ETA Regional Office queues.
To address the backlog, ETA funded a study to identify strategic
options and estimate costs. The study recommended establishing
centralized processing centers to achieve the economies of scale
inherent in processing large numbers of applications in one location
and in consolidating the functions currently performed separately by
the SWAs and the ETA Regional Offices. Building upon this
recommendation, ETA initiated a pilot program testing the feasibility
of centralized processing, which indicated that substantial time and
economic savings could be achieved.
Accordingly, this interim final rule amends part 656 by adding a
new section 656.24a to provide that the National Certifying Officer
(Chief, Division of Foreign Labor Certification) has the discretion to
direct SWAs and ETA Regional Offices to transfer pending labor
certification applications to centralized processing centers for
completion of processing. The centralized processing centers will
perform the required functions of the SWAs and ETA Regional Certifying
Officers, consolidating steps now performed separately by the SWAs and
the ETA Regional Offices to achieve efficiencies and economies of
scale. The Chief will issue a directive to SWAs and the ETA Regional
Offices stating how pending applications are to be identified for
centralized processing, and where they are to be sent. The extent of
centralized processing and the speed with which the current backlog
will be reduced may vary based upon program priorities.
IV. Administrative Information
Executive Order 12866--Regulatory Planning and Review: We have
determined that this interim final rule is not an ``economically
significant regulatory action'' within the meaning of Executive Order
12866. The procedures for backlog reduction will not have an economic
impact of $100 million or more because they will not add to or change
requirements for employers applying for permanent labor certification,
but rather create a means for consolidated processing at centralized
locations. While it is not economically significant, the Office of
Management and Budget (OMB) reviewed this interim final rule because of
the novel legal and policy issues raised by this rulemaking.
Regulatory Flexibility Act: We have notified the Chief Counsel for
Advocacy, Small Business Administration, and made the certification
pursuant to the Regulatory Flexibility Act (RFA) at 5 U.S.C. 605(b),
that this interim final rule will not have a significant economic
impact on a substantial number of small entities.
The factual basis for that certification is as follows: The interim
final rule will affect only a portion of those employers whose
applications for permanent employment certification are among the
approximately 310,000 currently backlogged applications, or who file an
application prior to the effective date of the regulations streamlining
permanent labor certification. The interim final rule will not add to
or change paperwork requirements for employer applicants, including
small entities, but rather create a means for consolidated processing
at centralized locations. Consequently, the Department believes there
will be no additional economic burden on employer applicants, including
small entities within that group. However, even assuming some impact on
employers from the proposed changes, this impact will not fall ``on a
substantial number of small entities.'' As noted, the universe of
pending applications is approximately 310,000. Based on Department
experience, we estimate that about forty percent of permanent labor
certification applications are filed by employers who have submitted
multiple applications. Thus, the number of different employers
submitting applications is approximately 186,000 (310,000 x 60%). We do
not inquire about the size of employer applicants, however, the number
of small entities applying is certainly less than the applicant total
and significantly below the potential universe of small businesses to
which the program is open. Because applications come from employers in
all industry segments, we consider all small businesses as the
appropriate universe for comparison purposes. According to the Small
Business Administration's publication The Regulatory Flexibility Act--
An Implementation Guide for Federal Agencies, there were 22,900,000
small businesses in the United States in 2002.
The interim final rule in this document does not alter the separate
streamlined certification regulation, but rather is focused on
reduction of the backlog of labor certification applications filed
under existing regulations with State Workforce Agencies, as described
in the next section. The streamlined certification regulation, once
finalized, will stabilize the backlog volume, since applications will
no longer be filed with a SWA on or after that regulation's effective
date and streamlined procedures will govern.
III. Background
ETA's Permanent Labor Certification Program is currently
experiencing an enormous backlog in pending applications for permanent
employment of alien immigrants. This backlog largely stems from
amendments enacted in December 2000 to section 245(i) of the INA. The
amendments allow aliens who entered the United States without
inspection or who fall within certain statutory categories to adjust
their status to that of a lawful permanent resident if a labor
certification application was filed on their behalf with a SWA on or
before April 30, 2001. See 8 U.S.C. 1255(i)(1)(B)(ii). We estimate that
approximately 236,000 applications were filed to meet the deadline of
April 30, 2001, at a time when less than 100,000 applications were
filed in an entire year. At the start of April 2003, over 280,000
permanent labor certification applications were in the SWA processing
queues throughout the nation, with another 30,000 applications in the
various ETA Regional Office queues.
To address the backlog, ETA funded a study to identify strategic
options and estimate costs. The study recommended establishing
centralized processing centers to achieve the economies of scale
inherent in processing large numbers of applications in one location
and in consolidating the functions currently performed separately by
the SWAs and the ETA Regional Offices. Building upon this
recommendation, ETA initiated a pilot program testing the feasibility
of centralized processing, which indicated that substantial time and
economic savings could be achieved.
Accordingly, this interim final rule amends part 656 by adding a
new section 656.24a to provide that the National Certifying Officer
(Chief, Division of Foreign Labor Certification) has the discretion to
direct SWAs and ETA Regional Offices to transfer pending labor
certification applications to centralized processing centers for
completion of processing. The centralized processing centers will
perform the required functions of the SWAs and ETA Regional Certifying
Officers, consolidating steps now performed separately by the SWAs and
the ETA Regional Offices to achieve efficiencies and economies of
scale. The Chief will issue a directive to SWAs and the ETA Regional
Offices stating how pending applications are to be identified for
centralized processing, and where they are to be sent. The extent of
centralized processing and the speed with which the current backlog
will be reduced may vary based upon program priorities.
IV. Administrative Information
Executive Order 12866--Regulatory Planning and Review: We have
determined that this interim final rule is not an ``economically
significant regulatory action'' within the meaning of Executive Order
12866. The procedures for backlog reduction will not have an economic
impact of $100 million or more because they will not add to or change
requirements for employers applying for permanent labor certification,
but rather create a means for consolidated processing at centralized
locations. While it is not economically significant, the Office of
Management and Budget (OMB) reviewed this interim final rule because of
the novel legal and policy issues raised by this rulemaking.
Regulatory Flexibility Act: We have notified the Chief Counsel for
Advocacy, Small Business Administration, and made the certification
pursuant to the Regulatory Flexibility Act (RFA) at 5 U.S.C. 605(b),
that this interim final rule will not have a significant economic
impact on a substantial number of small entities.
The factual basis for that certification is as follows: The interim
final rule will affect only a portion of those employers whose
applications for permanent employment certification are among the
approximately 310,000 currently backlogged applications, or who file an
application prior to the effective date of the regulations streamlining
permanent labor certification. The interim final rule will not add to
or change paperwork requirements for employer applicants, including
small entities, but rather create a means for consolidated processing
at centralized locations. Consequently, the Department believes there
will be no additional economic burden on employer applicants, including
small entities within that group. However, even assuming some impact on
employers from the proposed changes, this impact will not fall ``on a
substantial number of small entities.'' As noted, the universe of
pending applications is approximately 310,000. Based on Department
experience, we estimate that about forty percent of permanent labor
certification applications are filed by employers who have submitted
multiple applications. Thus, the number of different employers
submitting applications is approximately 186,000 (310,000 x 60%). We do
not inquire about the size of employer applicants, however, the number
of small entities applying is certainly less than the applicant total
and significantly below the potential universe of small businesses to
which the program is open. Because applications come from employers in
all industry segments, we consider all small businesses as the
appropriate universe for comparison purposes. According to the Small
Business Administration's publication The Regulatory Flexibility Act--
An Implementation Guide for Federal Agencies, there were 22,900,000
small businesses in the United States in 2002.
07/21/2004: Labor Certification Backlog Reduction Regulation Published Today-Part 3
[[Page 43718]]
In comparison to the universe of all small businesses, the
approximately 186,000 employers with pending applications would
represent at most 0.8 percent of all small businesses [(186,000 )
22,900,000 = 0.008; 0.008 x 100 = 0.8%)]. DOL asserts that 0.8% of
small businesses does not represent a significant proportion of small
entities.
The Department welcomes comments on this RFA certification.
Unfunded Mandates Reform Act of 1995: This interim final rule will
not result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more in
any one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions are deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996: This
interim final rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996 (SBREFA). The
standards for determining whether a rule is a major rule as defined by
section 804 of SBREFA are similar to those used to determine whether a
rule is an ``economically significant regulatory action'' within the
meaning of Executive Order 12866. Because we certified that this
interim final rule is not an economically significant rule under
Executive Order 12866, we certify that it also is not a major rule
under SBREFA. It will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 13132--Federalism: This interim final rule will not
have a substantial direct effect on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 13132, we have determined
that this interim final rule does not have sufficient federalism
implications to warrant the preparation of a summary impact statement.
Assessment of Federal Regulations and Policies on Families: This
interim final rule does not affect family well-being.
Paperwork Reduction Act: The collection of information under part
656 is currently approved under OMB control number 1205-0015. This
interim final rule does not include a substantive or material
modification of that collection of information, because it will not add
to or change paperwork requirements for employers applying for
permanent labor certification, but rather creates a means for
consolidated processing at centralized locations. Accordingly, the
Department believes the Paperwork Reduction Act is inapplicable to this
interim final rule. The Department invites the public to comment on its
Paperwork Reduction Act analysis.
Publication as an Interim Final Rule: The Department has determined
that it is unnecessary and contrary to the public interest to publish
this technical amendment to the permanent labor certification
regulations as a Notice of Proposed Rulemaking, with the delays
inherent to the process of publishing a proposed rule, receiving and
reviewing comments, and clearing and publishing a final rule. This
interim final rule will allow ETA's Division of Foreign Labor
Certification to take more rapid action to reduce the serious backlog
in permanent labor certification applications through transfer of
applications from the SWAs and ETA Regional Offices to centralized
processing sites. This processing change is based on results of a pilot
program that demonstrated that centralized processing would create
economic and time-saving efficiencies and speed reduction of the
backlog. Centralized processing will not alter substantive requirements
for certification. It will not impose an additional burden on employers
who have filed permanent labor certification applications or on the
immigrant aliens on whose behalf applications have been filed. Rather,
centralized processing is expected to benefit applicants by reducing
anticipated processing time. For these reasons, it would be contrary to
the public interest, as well as unnecessary; to delay implementation of
this technical regulatory amendment to establish centralized processing
procedures. Therefore, the Department finds pursuant to 5 U.S.C.
553(b)(3)(B) that good cause exists for publishing this regulatory
amendment as an interim final rule. While notice of proposed rulemaking
is being waived, the Department is interested in comments and advice
regarding this interim final rule.
Catalogue of Federal Domestic Assistance Number: This program is
listed in the Catalog of Federal Domestic Assistance at Number 17.203,
``Labor Certification for Alien Workers.''
List of Subjects in 20 CFR Part 656
Administrative practice and procedure, Agriculture, Aliens,
Crewmembers, Employment, Employment and training, Enforcement, Forest
and forest products, Fraud, Guam, Health professions, Immigration,
Labor, Longshore and harbor work, Migrant labor, Passports and visas,
Reporting and recordkeeping requirements, Students, Unemployment,
Wages, and Working conditions.
0
For the reasons stated in the Preamble, the Employment and Training
Administration, Department of Labor, amends 20 CFR part 656 as follows:
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF
ALIENS IN THE UNITED STATES
0
1. The authority citation for part 656 continues to read as follows:
Authority: 8 U.S.C. 1182(a)(5)(A) and 1182(p); 29 U.S.C. 49 et
seq.; sec. 122, Pub. L. 101-649, 109 Stat. 4978.
0
2. Part 656, subpart C, is amended by adding section 656.24a, to be
placed immediately after section 656.24, to read as follows:
Sec. 656.24a Centralized processing.
(a) To facilitate processing of applications and elimination of
backlogs, the National Certifying Officer (Chief, Division of Foreign
Labor Certification) may direct a SWA or an ETA Regional Office to
transfer to a non-State centralized processing site some or all pending
applications filed under part 656. The Chief will issue a directive to
the SWAs and ETA Regional Offices stating how pending applications are
to be identified for centralized processing and where they are to be
transferred. For each transferred application, the centralized
processing site will perform all required functions of the SWA (as
described in Sec. 656.21) and the Regional Certifying Officer (as
described in Sec. 656.21 and Sec. 656.24).
(b) If the labor certification presents a special or unique
problem, the centralized processing site, in consultation with or at
the direction of the National Certifying Officer, may refer the
application to the National Certifying Officer for determination. If
the National Certifying Officer has directed that certain types of
applications or specific applications be handled in the national
office, the centralized processing site shall refer such applications
to the National Certifying Officer.
[[Page 43719]]
Signed at Washington, DC, this 13th day of July, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 04-16536 Filed 7-20-04; 8:45 am]
BILLING CODE 4510-30-P
[[Page 43718]]
In comparison to the universe of all small businesses, the
approximately 186,000 employers with pending applications would
represent at most 0.8 percent of all small businesses [(186,000 )
22,900,000 = 0.008; 0.008 x 100 = 0.8%)]. DOL asserts that 0.8% of
small businesses does not represent a significant proportion of small
entities.
The Department welcomes comments on this RFA certification.
Unfunded Mandates Reform Act of 1995: This interim final rule will
not result in the expenditure by State, local, and tribal governments,
in the aggregate, or by the private sector, of $100 million or more in
any one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions are deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996: This
interim final rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996 (SBREFA). The
standards for determining whether a rule is a major rule as defined by
section 804 of SBREFA are similar to those used to determine whether a
rule is an ``economically significant regulatory action'' within the
meaning of Executive Order 12866. Because we certified that this
interim final rule is not an economically significant rule under
Executive Order 12866, we certify that it also is not a major rule
under SBREFA. It will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 13132--Federalism: This interim final rule will not
have a substantial direct effect on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 13132, we have determined
that this interim final rule does not have sufficient federalism
implications to warrant the preparation of a summary impact statement.
Assessment of Federal Regulations and Policies on Families: This
interim final rule does not affect family well-being.
Paperwork Reduction Act: The collection of information under part
656 is currently approved under OMB control number 1205-0015. This
interim final rule does not include a substantive or material
modification of that collection of information, because it will not add
to or change paperwork requirements for employers applying for
permanent labor certification, but rather creates a means for
consolidated processing at centralized locations. Accordingly, the
Department believes the Paperwork Reduction Act is inapplicable to this
interim final rule. The Department invites the public to comment on its
Paperwork Reduction Act analysis.
Publication as an Interim Final Rule: The Department has determined
that it is unnecessary and contrary to the public interest to publish
this technical amendment to the permanent labor certification
regulations as a Notice of Proposed Rulemaking, with the delays
inherent to the process of publishing a proposed rule, receiving and
reviewing comments, and clearing and publishing a final rule. This
interim final rule will allow ETA's Division of Foreign Labor
Certification to take more rapid action to reduce the serious backlog
in permanent labor certification applications through transfer of
applications from the SWAs and ETA Regional Offices to centralized
processing sites. This processing change is based on results of a pilot
program that demonstrated that centralized processing would create
economic and time-saving efficiencies and speed reduction of the
backlog. Centralized processing will not alter substantive requirements
for certification. It will not impose an additional burden on employers
who have filed permanent labor certification applications or on the
immigrant aliens on whose behalf applications have been filed. Rather,
centralized processing is expected to benefit applicants by reducing
anticipated processing time. For these reasons, it would be contrary to
the public interest, as well as unnecessary; to delay implementation of
this technical regulatory amendment to establish centralized processing
procedures. Therefore, the Department finds pursuant to 5 U.S.C.
553(b)(3)(B) that good cause exists for publishing this regulatory
amendment as an interim final rule. While notice of proposed rulemaking
is being waived, the Department is interested in comments and advice
regarding this interim final rule.
Catalogue of Federal Domestic Assistance Number: This program is
listed in the Catalog of Federal Domestic Assistance at Number 17.203,
``Labor Certification for Alien Workers.''
List of Subjects in 20 CFR Part 656
Administrative practice and procedure, Agriculture, Aliens,
Crewmembers, Employment, Employment and training, Enforcement, Forest
and forest products, Fraud, Guam, Health professions, Immigration,
Labor, Longshore and harbor work, Migrant labor, Passports and visas,
Reporting and recordkeeping requirements, Students, Unemployment,
Wages, and Working conditions.
0
For the reasons stated in the Preamble, the Employment and Training
Administration, Department of Labor, amends 20 CFR part 656 as follows:
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF
ALIENS IN THE UNITED STATES
0
1. The authority citation for part 656 continues to read as follows:
Authority: 8 U.S.C. 1182(a)(5)(A) and 1182(p); 29 U.S.C. 49 et
seq.; sec. 122, Pub. L. 101-649, 109 Stat. 4978.
0
2. Part 656, subpart C, is amended by adding section 656.24a, to be
placed immediately after section 656.24, to read as follows:
Sec. 656.24a Centralized processing.
(a) To facilitate processing of applications and elimination of
backlogs, the National Certifying Officer (Chief, Division of Foreign
Labor Certification) may direct a SWA or an ETA Regional Office to
transfer to a non-State centralized processing site some or all pending
applications filed under part 656. The Chief will issue a directive to
the SWAs and ETA Regional Offices stating how pending applications are
to be identified for centralized processing and where they are to be
transferred. For each transferred application, the centralized
processing site will perform all required functions of the SWA (as
described in Sec. 656.21) and the Regional Certifying Officer (as
described in Sec. 656.21 and Sec. 656.24).
(b) If the labor certification presents a special or unique
problem, the centralized processing site, in consultation with or at
the direction of the National Certifying Officer, may refer the
application to the National Certifying Officer for determination. If
the National Certifying Officer has directed that certain types of
applications or specific applications be handled in the national
office, the centralized processing site shall refer such applications
to the National Certifying Officer.
[[Page 43719]]
Signed at Washington, DC, this 13th day of July, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 04-16536 Filed 7-20-04; 8:45 am]
BILLING CODE 4510-30-P
PainfulGC123
Registered Users (C)
TGIF Good News
I just called VEC, Richmond (Nine Miles Office). Mr. Richard Palmer answered my call and told me that they are currently processing...
RIR: February 19, 2003 (Again, moved very fast this week....)
Non-RIR: April 26, 2002
I just called VEC, Richmond (Nine Miles Office). Mr. Richard Palmer answered my call and told me that they are currently processing...
RIR: February 19, 2003 (Again, moved very fast this week....)
Non-RIR: April 26, 2002
PainfulGC123
Registered Users (C)
Interim Final Rule on Backlog Reduction Published
Interim Final Rule on Backlog Reduction Published
On July 21, 2004, the U.S. Department of Labor (DOL) published the interim final rule implementing its labor certification backlog reduction plan. For those unaware of why a backlog reduction plan is necessary, there are thousands of labor certifications and RIR applications pending at the various state and federal DOL regional offices, some since 2001, that are yet to be processed. The goal of the DOL is to complete the processing of most such LC and RIR cases within approximately two years after PERM is implemented. To clear the backlogs, DOL has decided to create two centralized backlog reduction processing sites as mentioned in the interim final rule.
The interim final rule will become effective 30 days from the date it was published. A comment period is also open during that time, but it is unlikely that there will be many changes at the final rule stage.
The backlog reduction plan amends the regulations to permit the National Certifying Officer (NCO), who is the Chief of the Division of Foreign Labor Certifications, to direct a State Workforce Agency (SWA), or a federal regional office to transfer a pending application or set of pending applications to a centralized processing site. Essentially, it grants the power to move the backlogged cases either from a SWA or a federal region to a new, centralized processing center.
Procedure for Processing Cases at the Backlog Centers
The NCO will issue a directive to the SWA or regional office regarding how to identify the cases to be transferred. For each case transferred from an SWA, the centralized processing site will complete all the functions normally performed by the SWA and the Regional Certifying Officer. If the case is unique or complex, the central processing site will consult with the NCO, who may assume responsibility for completion of the case. The NCO may also direct that certain types of cases be sent from their respective centralized processing sites to the national office of the Department of Labor. We also note that, although cases can be transferred from the SWAs, the DOL has stated that the plan is to transfer cases initially from regional offices, as explained below.
Locations of Backlog Reduction Centers
As previously indicated in our June 18, 2004 MurthyBulletin article entitled, Labor Certification Update - 2004, available on MurthyDotCom, the DOL has stated that there will be two central processing sites. One will be in Philadelphia, PA, and the other will be in Dallas, TX. This backlog reduction plan will only apply to cases filed under the current procedures. The plan will not apply to cases that will be filed under PERM, when the PERM regulation is finalized. It is likely that PERM will not be published until the fall, and it is still expected that the implementation of PERM will not occur until 120 days after the PERM rule is published in the Federal Register.
We do not expect that all cases caught in the backlog will be sent immediately to the central processing sites. The NCO is permitted to send cases to these sites, but is not required to do so. As detailed in the earlier MurthyBulletin article, cited above, the DOL intends to send cases from the Philadelphia and Dallas federal regions to these centers first, followed by cases from the Atlanta, GA and Chicago, IL federal regions. Atlanta and Chicago are also expected to be the two future homes of centralized PERM processing centers. After those case transfers are complete, cases from other regions may be added. Since the NCO has discretion in this matter, however, this plan may change at any time.
Timeframes for Completing Backlog Processing
DOL officials have stated that the goal is to try and complete all LC and RIR backlog processing within 2 years of PERM's implementation. The rule itself, however, does not give a timeline for the completion of processing backlogged cases. The comments on the rule state that "the extent of centralized processing and the speed with which the current backlog will be reduced may vary based upon program priorities." Therefore, it may be some time before we can determine the effectiveness of this system and see any change in processing backlogs of labor certifications and RIR applications for permanent residency.
Conclusion
We at The Law Office of Sheela Murthy, P.C. will continue to closely monitor the law and procedures, as well as our own cases, for any changes that are tied to the centralized processing and backlog reduction. We, in turn, will pass that information along to MurthyDotCom and MurthyBulletin readers.
Source: http://www.murthy.com
Interim Final Rule on Backlog Reduction Published
On July 21, 2004, the U.S. Department of Labor (DOL) published the interim final rule implementing its labor certification backlog reduction plan. For those unaware of why a backlog reduction plan is necessary, there are thousands of labor certifications and RIR applications pending at the various state and federal DOL regional offices, some since 2001, that are yet to be processed. The goal of the DOL is to complete the processing of most such LC and RIR cases within approximately two years after PERM is implemented. To clear the backlogs, DOL has decided to create two centralized backlog reduction processing sites as mentioned in the interim final rule.
The interim final rule will become effective 30 days from the date it was published. A comment period is also open during that time, but it is unlikely that there will be many changes at the final rule stage.
The backlog reduction plan amends the regulations to permit the National Certifying Officer (NCO), who is the Chief of the Division of Foreign Labor Certifications, to direct a State Workforce Agency (SWA), or a federal regional office to transfer a pending application or set of pending applications to a centralized processing site. Essentially, it grants the power to move the backlogged cases either from a SWA or a federal region to a new, centralized processing center.
Procedure for Processing Cases at the Backlog Centers
The NCO will issue a directive to the SWA or regional office regarding how to identify the cases to be transferred. For each case transferred from an SWA, the centralized processing site will complete all the functions normally performed by the SWA and the Regional Certifying Officer. If the case is unique or complex, the central processing site will consult with the NCO, who may assume responsibility for completion of the case. The NCO may also direct that certain types of cases be sent from their respective centralized processing sites to the national office of the Department of Labor. We also note that, although cases can be transferred from the SWAs, the DOL has stated that the plan is to transfer cases initially from regional offices, as explained below.
Locations of Backlog Reduction Centers
As previously indicated in our June 18, 2004 MurthyBulletin article entitled, Labor Certification Update - 2004, available on MurthyDotCom, the DOL has stated that there will be two central processing sites. One will be in Philadelphia, PA, and the other will be in Dallas, TX. This backlog reduction plan will only apply to cases filed under the current procedures. The plan will not apply to cases that will be filed under PERM, when the PERM regulation is finalized. It is likely that PERM will not be published until the fall, and it is still expected that the implementation of PERM will not occur until 120 days after the PERM rule is published in the Federal Register.
We do not expect that all cases caught in the backlog will be sent immediately to the central processing sites. The NCO is permitted to send cases to these sites, but is not required to do so. As detailed in the earlier MurthyBulletin article, cited above, the DOL intends to send cases from the Philadelphia and Dallas federal regions to these centers first, followed by cases from the Atlanta, GA and Chicago, IL federal regions. Atlanta and Chicago are also expected to be the two future homes of centralized PERM processing centers. After those case transfers are complete, cases from other regions may be added. Since the NCO has discretion in this matter, however, this plan may change at any time.
Timeframes for Completing Backlog Processing
DOL officials have stated that the goal is to try and complete all LC and RIR backlog processing within 2 years of PERM's implementation. The rule itself, however, does not give a timeline for the completion of processing backlogged cases. The comments on the rule state that "the extent of centralized processing and the speed with which the current backlog will be reduced may vary based upon program priorities." Therefore, it may be some time before we can determine the effectiveness of this system and see any change in processing backlogs of labor certifications and RIR applications for permanent residency.
Conclusion
We at The Law Office of Sheela Murthy, P.C. will continue to closely monitor the law and procedures, as well as our own cases, for any changes that are tied to the centralized processing and backlog reduction. We, in turn, will pass that information along to MurthyDotCom and MurthyBulletin readers.
Source: http://www.murthy.com
Centralized Processing of Labor Certifications: PERM vs. Backlog Reduction Center
As the DOL moves step by step from the local/regional processing system to national/centralized processing systems, the labor certification process will witness uniformity and consistency in processing time, application of standards, and adjudications. Accordingly the current variance of practice, processing times, standards and adjudication among the 50 states and six regions (10 practical regions including the subregions of New York, San Francisco, Denver, and Kansas City) will gradually disappear and influence of human factors and idiosyncrecies will also be drastically reduced. This drastic change will be more noticeable in the PERM program in that the electronic system will play a much bigger role in this system than Backlog Reduction Center system in that the PERM application will introduce certain machine readable features in the form and machine will read and determine the eligibility of the application to a greater extent leaving the tasks of human analysts and certifying officers to de minimus. In the Backlog Reduction Center, it is likely that the two centers, Philadelphia and Dallas, will take over the cases on file at the state offices and regional offices and complete the whole labor certification for each individual application from the start to the finish. Accordingly, unlike the PERM program, the analysts and leaders of the each Reduction Center will play a bigger role in processing and adjudication.
Supposedly, the Backlog Reduction Centers are mandated to process and adjudicate the backlog applications under the current rules and standards. As everyone knows, the labor certification offices in states and regions run de facto 50 different rules, standards, and practices under the current system, producing the winners and losers among the immigrants depending on the location of the jobs. These 50 practices and policies run on a wide spectrum from the most conservative offices to the most liberal states. Obviously the current winners and losers will be profoundly affected by the directions and policies of the Backlog Reduction Centers depending on how liberal or conservice each Center will be. This is indeed a big open question. Reduction of backlog does not necessarily imply that it will come with increased rate of approval depending on their policies and directions. The processing times will be definitely reduced, but it is an unknown territory when it comes to the rate of denials. One just pray that the rate at least stays with the current trend.
As we reported earlier, the two Backlog Reduction Centers will be mostly manned by the contractors and the DOL has already selected the contractor to run these two centers. The sources indicate that each of these two centers in Philadelphia and Dallas will have approximately 60 analysts with the total manpower of from 80 to 100 people. As the state offices gradually phase out of the permanent labor cerification process, some of the analysts at the current state labor certification offices and regional offices may be absorbed into either the PERM Centers (Chicago and Atlanta) or these two Backlog Reduction Centers as the employees of the private contractors. Along the way, the two Backlog Reduction Centers will develop their own uniqueness and different directions and policies just like those which we are witnessing among the Service Centers in the USCIS. But two are better than five or 50 different idiosyncrecies.
The centralized labor certification systems grant a monstrous power to the Chief of Forein Labor Certification Division or National Certifying Officer at the DOL HQ. The nature of future directions and idiosyncrecies of the centralized processing centers for the PERM and Backlog Reduction Centers is expected to be molded into the new reengineered labor certification systems by the HQ in the forms of Directives and Memorandums. We just hope that the policies and directions be not molded into a restrictive and conservative shell leading to rise of the rate of denials. We also hope that most of 300,000 backlog cases be not only adjudicated swiftly but also liberally so that the 300,000 souls soon see the bright light at the end of tunnel in the near future.
Thank you all
orissa
As the DOL moves step by step from the local/regional processing system to national/centralized processing systems, the labor certification process will witness uniformity and consistency in processing time, application of standards, and adjudications. Accordingly the current variance of practice, processing times, standards and adjudication among the 50 states and six regions (10 practical regions including the subregions of New York, San Francisco, Denver, and Kansas City) will gradually disappear and influence of human factors and idiosyncrecies will also be drastically reduced. This drastic change will be more noticeable in the PERM program in that the electronic system will play a much bigger role in this system than Backlog Reduction Center system in that the PERM application will introduce certain machine readable features in the form and machine will read and determine the eligibility of the application to a greater extent leaving the tasks of human analysts and certifying officers to de minimus. In the Backlog Reduction Center, it is likely that the two centers, Philadelphia and Dallas, will take over the cases on file at the state offices and regional offices and complete the whole labor certification for each individual application from the start to the finish. Accordingly, unlike the PERM program, the analysts and leaders of the each Reduction Center will play a bigger role in processing and adjudication. Supposedly, the Backlog Reduction Centers are mandated to process and adjudicate the backlog applications under the current rules and standards. As everyone knows, the labor certification offices in states and regions run de facto 50 different rules, standards, and practices under the current system, producing the winners and losers among the immigrants depending on the location of the jobs. These 50 practices and policies run on a wide spectrum from the most conservative offices to the most liberal states. Obviously the current winners and losers will be profoundly affected by the directions and policies of the Backlog Reduction Centers depending on how liberal or conservice each Center will be. This is indeed a big open question. Reduction of backlog does not necessarily imply that it will come with increased rate of approval depending on their policies and directions. The processing times will be definitely reduced, but it is an unknown territory when it comes to the rate of denials. One just pray that the rate at least stays with the current trend. As we reported earlier, the two Backlog Reduction Centers will be mostly manned by the contractors and the DOL has already selected the contractor to run these two centers. The sources indicate that each of these two centers in Philadelphia and Dallas will have approximately 60 analysts with the total manpower of from 80 to 100 people. As the state offices gradually phase out of the permanent labor cerification process, some of the analysts at the current state labor certification offices and regional offices may be absorbed into either the PERM Centers (Chicago and Atlanta) or these two Backlog Reduction Centers as the employees of the private contractors. Along the way, the two Backlog Reduction Centers will develop their own uniqueness and different directions and policies just like those which we are witnessing among the Service Centers in the USCIS. But two are better than five or 50 different idiosyncrecies. The centralized labor certification systems grant a monstrous power to the Chief of Forein Labor Certification Division or National Certifying Officer at the DOL HQ. The nature of future directions and idiosyncrecies of the centralized processing centers for the PERM and Backlog Reduction Centers is expected to be molded into the new reengineered labor certification systems by the HQ in the forms of Directives and Memorandums. We just hope that the policies and directions be not molded into a restrictive and conservative shell leading to rise of the rate of denials. We also hope that most of 300,000 backlog cases be not only adjudicated swiftly but also liberally so that the 300,000 souls soon see the bright light at the end of tunnel in the near future. Thank you all
orissa
PainfulGC123
Registered Users (C)
mohanbv said:
As of today, my best guess is 17 months (max possible time) for RIR cases.
In the past few months, Virginia SESA has been processing much faster than their usual rate. Therefore, the waiting time for 2004 filers might possibly be lesser than 17 months (if you guys are lucky).
South Office Update
South Office is Currently processing:
3rd Nov 2002 RIR Applications
My LC, with priority date 11/1/2002 finally got moved to Regional...looking fwd. to another year long wait there.
anyways...time to hand over my weekly call to the South Office to someone else..the phone is: 804-674-3719
FYI: since only 1 person is processing at this office..you may have trouble getting anyone to talk to..also they are not very receptive ( unlike the 9 mile office) about we calling..so I had changed my frequency to 2 weeks..
South Office is Currently processing:
3rd Nov 2002 RIR Applications
My LC, with priority date 11/1/2002 finally got moved to Regional...looking fwd. to another year long wait there.
anyways...time to hand over my weekly call to the South Office to someone else..the phone is: 804-674-3719
FYI: since only 1 person is processing at this office..you may have trouble getting anyone to talk to..also they are not very receptive ( unlike the 9 mile office) about we calling..so I had changed my frequency to 2 weeks..
- Status