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January 2006
Update on BPCs
Posted
Feb 03, 2006
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
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.
©MurthyDotCom
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.
Copyright © 2006, MURTHY LAW
FIRM. All Rights Reserved

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