DOL Transition Watch : DOL Provides More Insight
Posted Oct 29, 2004
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We reported in our October 22, 2004 MurthyBulletin on the ongoing transformation in the process for labor certification adjudication. That article, entitled DOL Sends Transition Plan to SWAs, is available on MurthyDotCom. This has raised many questions. We recently received additional clarification, based on an October 8, 2004 meeting between key staff members of the U.S. Department of Labor (DOL) and members of the American Immigration Lawyer's Association (AILA). Additional information was also provided to AILA on October 15, 2004. These details shed more light on the DOL transition plan.
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DOL Vision for Uniform Processing Times and National Standards
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The October 8, 2004 meeting included a tour of the new Backlog Elimination Center (BEC) in Philadelphia. The DOL confirmed that the BECs have a new software system in place to begin processing the backlogged cases. The DOL shared its vision with AILA; to process all temporary (H2A, H2B) and permanent labor certification filings at the two national processing centers in Atlanta and Chicago that report directly to national headquarters. This vision includes the development of uniform national standards and processes.
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Backlog Elimination Centers (BECs)
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DOL understands that, before its long-term vision can be accomplished, the backlog of 310,000 labor certification cases must be addressed. These are the cases that will be transferred and processed at the BECs in Philadelphia and Dallas within the next two years. To accomplish this goal, each BEC is staffed with 35-40 federal employees and approximately 100 contract workers. The contract workers will provide administrative support and the federal employees will adjudicate the cases. Recruitment efforts to fill the federal employee positions included notifying the State Workforce Agencies (SWAs) of the available positions. Dallas has completed more of its recruitment than Philadelphia.
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Approximately 10,000 cases are in the Philadelphia BEC and contractors are in the process of entering data on the cases that were transferred from the Philadelphia Regional Office. Once the data is input, DOL will send Center Receipt Notification Letters (CRNL), expected to go to the employers having filed the labor certifications or to the attorneys of record on the cases. These letters will require response within 45 days to indicate the cases are still viable. If a response on a case is not received within 45 days it will be closed by the DOL, which has indicated that there will not be flexibility on this 45-day deadline.
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The next batch of cases to be transferred to the BECs will be approximately 20,000 cases from the San Francisco Region (Region VI). The BECs will use a First-In / First-Out (FIFO) approach to all cases, meaning that the oldest cases will be processed first. A contractor has been hired specifically to determine which regions have the oldest cases and how to efficiently transfer these cases to the BECs. Though FIFO will be used for both RIR and traditional labor certification cases, they will each have a separate track. This means that an RIR processed under the FIFO system likely still will be processed faster than a traditional labor certification processed on a FIFO basis.
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PERM / National Processing Centers
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If and when PERM is implemented, the Atlanta and Chicago Centers will directly process cases. These PERM Centers, also referred to as the National Processing Centers (NPCs), are building an infrastructure for web-based filing. The Chicago Center is already in the midst of being established. Each Center is in the process of hiring approximately 50 primarily federal employees. DOL also has a curriculum prepared to train its new staff. Temporary processing (H2As and H2Bs) will be migrated to the two NPCs. The transfer is expected to be completed by the end of the year. DOL still expects the PERM regulation to be published by the end of 2004, but, as regular MurthyDotCom and MurthyBulletin readers are aware, there is no guarantee that PERM will now be published.
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Until PERM is published, the Atlanta and Chicago Centers will function as additional BECs. If PERM is not published, an alternate regulation will be required to eliminate the SWAs' intake of labor certification cases. The Atlanta and Chicago Centers will function as national processing centers.
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New York and San Francisco Regional Offices
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The New York and San Francisco Regional Offices will not close until at least January 2006. These two offices will continue to process permanent labor certifications until that time. The DOL is working to integrate the computer systems of all offices into a uniform national software network.
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SWAs
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The SWAs will finish processing cases that have already been opened for review and/or recruitment. All other cases will be eventually transferred to one of the DOL Centers. The DOL said that the Federal Register should have regulatory activity published regarding the SWAs before the end of the calendar year.
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Conclusion
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The last two years have brought major changes to the immigration landscape. The Immigration and Naturalization Service (INS) was abolished and replaced by the USCIS, ICE, and the CBP. Now, the DOL is restructuring its processes. Throughout these changes, MurthyDotCom and the MurthyBulletin have provided you with useful information and analysis. We will continue to assess these changes and update you, our loyal readers.