|
August 29, 2005
Update on Department of Labor and the Backlog Processing Centers
The Department of Labor (DOL) continues its efforts in transferring and
processing the 300,000 plus applications filed across the nation under the
old Alien Labor Certification program that was in effect prior to March
23, 2005 when PERM was initiated. Labor certification
is the first step in obtaining
permanent resident("green card") status for many foreign nationals who
are sponsored by U.S. employers.
The FAQs issued by the DOL provide
some information on the process and timeframes. Currently the DOL estimates
that with adequate resources, it will take approximately 24-30 months to
eliminate the permanent program's backlog of cases.
As part of DOL's efforts to improve the processing of permanent labor
certification applications, cases from the Regional Offices and the State
Workforce Agencies were transferred to the ETA Backlog
Processing Centers (“BPC”). The centers are issuing a "45-day letter"
to the employer. The letters ask the employer if it wishes to continue with
the processing of the application. Additionally, the letter informs the
employer if any information from the application is missing. The employer
is given 45 days from the date of the letter to respond. If the employer
fails to respond, the application is closed. The letters are issued to both
the employer and the attorney of record.
To date our office has received many of these 45-day letters, but we
are waiting for letters on the majority of our pending applications. From
the ones we have received, there did not appear to be a pattern to the order
in which these letters were being issued. This was confirmed recently by
a source at the Philadelphia BPC. Based on the information provided, we
now know that when this process first started, cases were being processed
randomly and that they would work on cases as they received them regardless
of the date they were initially filed at the state offices. This has changed,
they are now more organized and are working on the oldest cases first and
moving forward. They are currently working on applications initially filed
in April/May 2001. No timeframes were provided on how quickly the BPC would
work through applications for each month.
The Philadelphia BPC has also been instructed to only speak with attorneys
and their staff, direct inquiries from the sponsored employee or sponsoring
employer will not be taken. Through recent meetings we have had with DOL
officials, we have also been asked that attorneys or companies not submit
inquiries to locate applications. Due to the excessive volume of applications,
these inquiries severely slow down their progress. Special provisions have
been made for attorneys to obtain confirmation of the pending application
for individuals who need to extend their H1B status beyond six years. The
DOL has also requested that this option not be abused and only used for
the purpose of obtaining confirmations on cases for H1B extensions beyond
six years.
GT will continue to provide updates and information as they become available.
|
|
