LC Backlog Elimination Update - October 2007 Posted Nov 16, 2007 ©MurthyDotCom As regular readers of MurthyDotCom and the MurthyBulletin are aware, the U.S. Department of Labor (DOL) has largely completed its work at the Backlog Elimination Centers (BECs, also known as Backlog Processing Centers or BPCs). The DOL announced its having met the September 30, 2007 deadline for completing the processing of labor certification (LC) cases, as reported in our October 19, 2007 article DOL Backlog Processing Centers Wrap Up LC Cases, available on MurthyDotCom. There are, however, some lingering cases that have been reviewed, but still are awaiting action from the sponsoring employer. This leaves some remaining questions for those cases, as the BECs transition into a shutdown phase planned for December 31, 2007. The DOL issued Frequently Asked Questions (FAQs) to respond to many concerns, which are outlined here for the benefit of our MurthyDotCom and MurthyBulletin readers. ©MurthyDotCom BECs to Shut Down by December 2007 The BECs have completed almost 99 percent of their cases, according to their own estimation, and are awaiting employer responses on the unadjudicated cases. Their eMail addresses continue to be valid, info@dal.dflc.us (Dallas) and info@phi.dflc.us (Philadelphia). They have started a transition and shutdown that will continue into December 2007. ©MurthyDotCom At this time, and through the final closure of the BECs' offices, status information on the remaining cases is still available online at http://pds.pbls.doleta.gov. The DOL urges employers and their attorneys to respond to deadline requests within the allotted timeframe, and, if possible, in advance of these deadlines, so that all work can be completed before the BECs cease operation. ©MurthyDotCom Contact DOL if Delay in Receiving LC Approvals ©MurthyDotCom There are some cases that are showing on the status system as having been approved, but neither the employers or attorneys in these cases have received the certified LCs. The DOL advises that it can take up to three weeks to receive the certified LC by mail. If that time has passed and the certified LC has not arrived, then the employer or attorney can inquire through the eMail addresses provided above. The eMail should carry the subject line "Post-Certification Issue." ©MurthyDotCom DOL Will Not Reopen Denied, Closed, or Withdrawn Cases ©MurthyDotCom Cases that were given final disposition at the state or regional level, including denials, closures or withdrawals, would not have been sent to the BEC during the transition to the BEC system. Only cases that were still pending final disposition were transferred for the BECs' action. If no action was taken on a denial of a case of this nature, then the appeal period would have expired. ©MurthyDotCom If the attorney or employer does not respond to a request in a timely manner regarding a case that was transferred to the BEC, the case is closed. The DOL will not consider reopening these cases under the pre-PERM system. ©MurthyDotCom Missing Cases or Cases with No Information are Considered Closed ©MurthyDotCom There are some cases that were sent to the state DOL offices years ago, but neither the applicants nor the attorneys in those cases have heard anything about these cases from the BEC. The DOL explains that there could be a number of reasons for this, including a denial, closure, or withdrawal at the state or regional level prior to the establishment of the BEC. Additionally, the BECs had a system of notifications that applied to all cases they received. This system included 45-day continuation letters that inquired as to whether the employers wished to continue with these cases and contained notifications related to case processing. In July 2006, the DOL published procedures for employers and attorneys to follow if they had not received the 45-day letter. In September 2006, the DOL established another procedure for employers and attorneys to follow if they had not been contacted in any way by the BEC. Both of these procedures had timeframes in which to contact the BEC about a case. These timeframes have expired. If there has not been any contact or follow-up, then the BEC has no record of the case, and it would be necessary to file a new case with the DOL under PERM procedures. ©MurthyDotCom Track Appeals at BALCA at OFLC ©MurthyDotCom There are some cases that were denied at the BECs and then appealed to the Board of Alien Labor Certification Appeals (BALCA). If one's case is still pending with BALCA when the BECs close in December 2007, the DOL's Office of Foreign Labor Certification (OFLC) will track the case, and act on it accordingly. ©MurthyDotCom Conclusion ©MurthyDotCom We at the Murthy Law Firm appreciate the DOL having provided this update as they wrap up their pre-PERM cases that have been pending for years. Many people continued those cases, particularly if they needed the earlier priority dates due to visa backlogs and retrogression. Now, with the BECs shutting down by December 2007, all LC cases will be processed much faster, although with much later priority dates.
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