New DOL Case Status Information
Posted Mar 04, 2005
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Many of our MurthyDotCom and MurthyBulletin readers are familiar with the U.S. Department of Labor (DOL) processing time chart for labor certifications. This chart, which tracked the processing dates on the state and regional level labor offices, has been eliminated. With the implementation of the Backlog Elimination Centers (BECs), the processing chart became obsolete. Now, the same link will take one to some general case status information on the movement of cases to the BECs.
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The new information gives a brief explanation of what is happening to existing labor certification cases and to which of the BECs the cases from each state are being shipped for processing. The shipping schedule reflects three phases, to be completed by April 22, 2005.
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Where is My LC/RIR Case? Is it Lost?
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The DOL WebSite neither tracks individual cases, nor, at this point, contains any processing date information. It does not answer the question that is being asked by many: "Where is MY case and how do I know it is not lost?" It does, however, give a general outline of the plan, expected timeframes, and an explanation of the "45-day letter" process. The 45-day letter process, during which the DOL sends out letters inquiring of the labor certification-sponsoring employer whether that employer wishes to continue with the case, is ongoing. A response is required within 45 days. Like many law firms, we at The Law Office of Sheela Murthy are receiving many of these letters in connection with our pending cases, though they are not in first-in / first-out (FIFO) filing order. Many cases have not yet been sent the 45-day letters, either, and they are causing confusion for many foreign nationals. Cases will be placed in FIFO order as responses to the 45-day letters are received.
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BEC and PERM are Streamlining the LC Process
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This effort is also part of the backlog reduction plan, as the DOL will be able to narrow its universe of cases by terminating those cases where the employers do not wish to go forward. The DOL has a stated estimated timeframe of 24-30 months from the implementation of PERM for the completion of its backlog reduction efforts. A final estimate is expected at some point after PERM is implemented and the DOL can judge how many cases will remain pending to be adjudicated under the old system and how many will be withdrawn from the backlog and re-filed under PERM.
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The DOL has anticipated and hoped that employers will lean toward PERM and change pending cases over to the PERM process. This would reduce the work of the BECs. However, this change-over may not be very likely for many, due to the potential loss of the priority date. The filing date (priority date) has now become an issue for nationals of India, mainland China, and Philippines, a factor that the DOL may not have fully considered in its desire to shift its caseload towards PERM.