January 2006 Update on BPCs
Posted Feb 03, 2006
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The American Immigration Lawyers Association (AILA) received an update on the Backlog Processing Centers (BPCs) from the U.S. Department of Labor (DOL) in late January 2006. Highlights are included here for the benefit of our MurthyDotCom and MurthyBulletin readers.
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DOL Regional Offices Closed
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The DOL regional offices that remained open beyond the time that files began moving to the BPCs now finally have been closed. All cases not completed by those DOL regional offices have been transferred to the BPCs. While a precise count has not been taken, the DOL estimates the number of these cases to be about 2000. If the regional offices took action on the cases, the information on the cases is in the old computer system rather than the BPC computer system. The BPC officers will be able to complete processing on these cases, however.
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Specific Goals and Challenges
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The DOL is looking at how to align the processing and procedures that are occurring at the two BPCs and how to implement best practices. There is no deadline for this action.
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It is the intent of the DOL still to send the 45-day letters on all cases by June 2006. Data entry of all cases at the BPCs should also be complete by that time, but DOL expressed hope in having this task completed earlier.

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The DOL confirms that there have been some cases that they are unable to locate in response to screenshot requests for H1B extensions beyond the 6-year limit. The DOL speculates that these may be cases that were cancelled or terminated at the state level and, therefore, never shifted from the state to the BPC. They did not indicate how much such cases may exist.
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If a traditional labor certification case is converted to a reduction in recruitment (RIR) case, the DOL has stated that the case will be put into the line of RIR cases to be processed according to its original priority date.
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Conclusion
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We thank the DOL for this update. MurthyDotCom and MurthyBulletin readers will be provided with more information on the BPCs as it becomes available.


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