July 23, 2004

DOL Backlog Reduction Implemented

Effective August 20, 2004, the Employment and Training Administration (ETA) of the Department of Labor (DOL) will implement a backlog reduction program in an attempt to reduce the enormous backlogs of pending of permanent labor certification applications. The backlog reduction program will transfer certain existing cases to a centralized ETA processing center to streamline procedures for permanent applications. Anyone wishing to comment on the Interim Final Rule released in the July 21, 2004 Federal Register is encouraged to respond by August 20, 2004. Any comments should reference Regulatory Information Number (RIN) 1205-AB37 and can be sent to blrcomments@dol.gov or by mail to the Assistant Secretary for Employment and Training Administration, U.S. Department of Labor, 200 Constitution Avenue, NW, Room C-4312, Washington, DC 20210, Attn: William Carlson, Division of Foreign Labor Certification. You can also send comments to the Federal eRulemaking Portal at http://www.regulations.gov and by following the website instructions for submitting comments.

The backlog reduction program will only affect a portion of the applications that are among the approximately 310,000 applications currently pending. The National Certifying Officer will issue a directive to the SWAs and Regional Certifying Offices stating how pending applications will be identified for centralized processing. The centralized processing site will be tasked with processing of applications and eliminating the backlogs. The centralized processing center will also perform the required functions of the ETAs and Regional Certifying Officers thereby consolidating the steps that were traditionally performed separately. Should a unique or special problem occur in the review of a particular labor certification application, the centralized processing site may refer the case to the National Certifying Officer for determination.

It should be noted that the backlog reduction program will only apply to certain applications filed under the existing DOL program and will not apply to cases to be filed under the PERM program when it becomes available. Greenberg Traurig will continue to provide updates as soon as further information becomes available regarding the backlog reduction program and the proposed PERM program.