BPCs Update : Mid January to Mid March 2006
Posted Mar 24, 2006
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Our observations at the Murthy Law Firm reveal that the Backlog Processing Centers (BPC) labor certification approvals continue to be sporadic, in small batches, while the more recent PERM approvals continue at a brisk pace. These are apart from the many PERM approvals we have seen during this period.
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Dallas BPC Approving 2004 Cases
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Most remarkable about the approvals is that the Dallas BPC is primarily approving 2004 cases. At the end of 2005, the approvals from Dallas mostly had priority dates in late 2003. This pattern indicates something seriously wrong with the first-in / first-out, or FIFO, system at the Dallas BPC.
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As can be seen from the DOL's Backlog Application Receipt Date Chart, which shows the shipping schedule to the BPCs by state and priority date, Dallas received many cases with 2001, 2002, and 2003 priority dates. With limited exception, however, approvals of the earlier cases from this BPC are not evident.
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Philadelphia BPC Approving 2001 and 2002 Cases
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The situation is different at the Philadelphia BPC. The cases from Philadelphia primarily have early priority dates, in 2001 and 2002. Notable in Philadelphia is that, in these first two and a half months of 2006, we have not seen any decisions on cases filed in New Jersey. We also have not seen any New York cases from the BPC. Large volumes of cases have been filed in New York and New Jersey. During this period, our firm has seen approvals for cases from Florida, Maryland, Pennsylvania, and Virginia.
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Dallas BPC Approving More : Additional States Represented
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As has been the case in the past, most of the LC case approvals received at the Murthy Law Firm in this early part of 2006 were from the Dallas BPC. Thus, they seem to be working faster than the Philadelphia BPC, but out of order. We also received approvals from seventeen different states, some of which were new to our list of backlog case approvals. Our recent approvals have come through for cases from California, Illinois, Iowa, Indiana, Kansas, Minnesota, Nebraska, Ohio, Oregon, South Dakota, Texas, Washington, and Wisconsin.
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Conclusion
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The BPCs still do not seem to be working at full speed; particularly the Philadelphia BPC. The Dallas BPC is working in a manner that is clearly out of date order, rather than by FIFO as was originally planned. These are important issues that need to be addressed. More and more cases are being filed again under PERM because individuals and employers are tired of waiting for BPC action. This creates more work for the DOL, with multiple filings on behalf of the same individual. People would be less anxious to file again if they could see real movement and predictability at the BPCs.
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We at the Murthy Law Firm will continue to update our readers on the progress at the BPCs, to help in planning their immigration strategies.