DOL Transition Watch : NY State Department of Labor Posted Mar 25, 2005 ©MurthyDotCom Many readers of MurthyDotCom and the MurthyBulletin live and work in the New York area. This article is for readers who have filed, or are the beneficiaries of, labor certifications that are pending with the New York State Department of Labor (NYDOL). The NYDOL, among its other roles, serves as the State Workforce Agency (SWA) for the state of New York. On March 2, 2005, the NY SWA provided an update regarding the transfer of their pending cases to the Philadelphia Backlog Processing Center (BPC). The BPCs were previously referred to as Backlog Reduction or Backlog Elimination Centers. ©MurthyDotCom Cases Received by December 31, 2002 : The cases received by the NYDOL by December 31, 2002 have been sent to the Philadelphia BPC. The exception to this is traditional, non-Reduction in Recruitment (RIR) cases that have already been reviewed and are awaiting advertising. ©MurthyDotCom Cases Filed in 2003 and 2004 : Labor certification cases filed with the NYDOL in 2003 and 2004 are scheduled to be forwarded to the Philadelphia BPC by the end of March 2005. ©MurthyDotCom Cases filed in 2005 : Cases filed in 2005, until March 27, 2005, will be logged and date stamped. They will then be forwarded for processing to the Philadelphia BPC. March 27, 2005 is the last day for filing labor certification cases under current, non-PERM procedures. A case must be postmarked by March 27, 2005 in order to be accepted. Later cases will be rejected and will need to be re-filed under PERM procedures in order to go forward. ©MurthyDotCom Problem - H1B Extensions : The NYDOL is having a problem addressing inquires about case status, as well as requests for proof of filing for purposes of obtaining H1B "7th-year" extensions. Given the demands on the time of the limited staff, the H1B information requests will have priority. It may be best to make these requests as far in advance as possible, to assure that the evidence of the labor certification is in hand when needed to file the H1B 7th-year extension. ©MurthyDotCom PERM - Job Orders and Prevailing Wages : The required 30-day job orders under PERM must have an employer contact person listed, not an attorney contact. The NYDOL will be developing a new prevailing wage form for the PERM wage determinations. ©MurthyDotCom We at The Law Office of Sheela Murthy would like to thank the NYDOL for this helpful update. We hope this information clarifies for MurthyDotCom and MurthyBulletin readers the process for labor certifications with all the changes going on with the BPCs, different SWAs, and the impending PERM. © 2005 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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