BPCs Update : October 2006
Posted Oct 20, 2006
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It appears that the U.S. Department of Labor (DOL) is picking up the pace in processing cases at the Backlog Processing Centers (BPCs). After receiving fairly small numbers of case approvals in June, July, and August, we at the Murthy Law Firm are seeing significant improvement from mid-September 2006 forward. While it is too early to determine if this will continue, it does appear that the DOL has overcome the 45-day letter process and is focusing more attention on case adjudication.
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Processing about Even between PA and TX BPCs
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We received about the same number of case approvals from the Philadelphia BPC as from the Dallas BPC. The oldest priority date adjudicated came from Pennsylvania (PA), with a mid-2001 case originally filed in Maryland. The cases with the most recent priority dates came from Texas (TX), with two approvals for cases filed in early 2005. Those cases were originally filed in the states of Illinois and Nebraska.
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Mondays Appear to Bring in More LC Approvals
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Case approvals can arrive any day of the week, but more of them seem to reach our office on Mondays. The past several weeks have begun with significant numbers of labor certification approvals reaching the Murthy Law Firm. This may have as much to do with the mail processing as it does the timing of the case processing at the two BPCs.
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Many States Represented in LC Case Approvals
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In the past month, our firm has received approvals for cases originally filed in many different states. These include: Alabama, California, Connecticut, Delaware, Florida, Illinois, Indiana, Kansas, New Jersey, Maryland, Massachusetts, Nebraska, New York, Ohio, Pennsylvania, Texas, Virginia, Wisconsin, and Utah.
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Range in Priority Dates of Approved LCs
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As mentioned, the priority dates of the approved cases ranged from mid 2001 to early 2005. Over half of the priority dates were in 2003, with smaller numbers of 2004 and 2002 cases. Thus, there continues to be no discernable pattern or order for processing based on priority dates, as promised under the First-In / First-Out (FIFO) system when the BPCs were originally established. There is really no way to predict which cases will come next or when they will process any particular case. Those with cases pending at the BPCs will have to remain patient as cases move through the system, but there does appear to be a bit of hope that more cases will be receiving the long-awaited final decision.
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Non-RIR Cases
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At the Murthy Law Firm, we did receive advertising instructions for a few "regular" (non-RIR) cases. Those who filed this type of case may want to review our articles from the October 13, 2006 MurthyBulletin, entitled, RIR Conversion Possible for Most Labor Certifications at BPCs, and RIR Conversion Expansion FAQs, regarding the possibility of converting to RIR.
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Future Trends
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We will continue to monitor case approvals from the BPCs and report any helpful information to our MurthyDotCom and MurthyBulletin readers. Hopefully, this past month is an indication that the DOL will meet its goal of clearing the backlog by September 2007.


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