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Results 1 to 2 of 2

Thread: Peru, that includes us...

  1. #1
    Peru, got the following article a day ago. I don't know if read it already... anyhow, enjoy...

    1. Highlights of PERM Meeting in Chicago - Jan 2005

    The U.S. Department of Labor (DOL) held its first PERM training meeting
    in Chicago, Illinois on January 11, 2005. To ensure that we stay
    abreast of the latest information on PERM, we sent an attorney from The Law
    Office of Sheela Murthy, P.C. to the session. This valuable information
    is the latest available on backlog reduction and PERM. It should help
    MurthyDotCom and MurthyBulletin readers in making their plans.

    Update on Backlog Elimination Centers

    The meeting began with a Backlog Elimination Center (BEC) update. There
    are the two BECs in Philadelphia, PA and Dallas, TX, as well as two
    "satellite" backlog centers - New York, NY (with Boston, MA) and San
    Francisco, CA. The two satellites will stay open for approximately another
    year. The oldest cases from the regional offices are at the BECs. Open
    cases at the regions are not moving to the BECs. Each BEC has
    approximately 200 contract staff members. The federal staff moved to the BECs
    from the regional offices will make all final case decisions.

    San Francisco had the largest volume of backlog cases, so 10,000 of
    their cases went to Dallas and 10,000 to Philadelphia. The DOL is using
    UPS for backlog shipments. The contract staff from Exceed Corporation is
    responsible for getting all of the cases moved to their proper
    locations. The current expectation is that there are an additional 200,000
    cases from the states beyond those moved from the regions.

    As of January 4, 2005, only 17 states had sent their backlogged cases
    that were due on December 31, 2004. This is approximately 24,000 cases.
    Larger states are slower because they have more cases to box.

    Procedures at BECs

    BEC operations have been making progress each day. There are many
    challenges because of the large volume of cases. There is a brand new
    software system that has glitches and a largely new staff that needs
    training. To date, they have sent approximately 26,000 "45-day letters." These
    are letters to potential employers essentially verifying whether or not
    the employer wishes to pursue the case. Of these, 11,000 had
    potentially unnecessary questions about the existence of the company because of
    the insufficient database that was in use. They now have other databases
    and they will continue to send out these 45-day letters. The DOL
    requests that the 11,000 letters also be answered, as this is more efficient
    than their having to send out revised letters.

    When the BEC gets a case, it goes through data entry and then the
    45-day letter is issued. When the response is received, the case is put into
    one of the 2 processing streams (RIR or Regular), and those streams are
    adjusted for FIFO (first-in / first-out order) on a routine basis.
    Information is in the process of being set up for a public system. Right
    now, the Boston and New York regional offices are the only locations with
    accurate information available to the public. The initial data entry
    that precedes issuance of the 45-day letter is under consideration for
    possibly being abbreviated so that the files may more quickly be
    identified as having arrived at the BECs. A national database is being
    implemented so that it will be possible to call one BEC and get information
    about the location of the file, regardless of which BEC has the file.

    Efforts are currently focused on data entry. It does not appear that
    cases are being processed as yet. The next step will be to share the BEC
    software with New York / Boston and San Francisco, once more of the
    programmatic problems have been worked out.

    The DOL expects backlog procedures to be fully defined by the PERM
    start date of March 28, 2005. Anything filed prior to PERM will be
    considered a part of the backlog. Backlog elimination is estimated to take
    approximately 24 to 30 months once PERM has begun. This, in part, depends
    upon the number of people re-filing under PERM.

    Expect DOL Transitional Guidances

    The DOL expects to release two more guidances on transitional
    procedures in the near future. The first will guide the states on procedures
    once PERM has been implemented. This is expected to be published in the
    next month. The second notice will outline which states will use the
    Atlanta National Processing Center (NPC) and which will use the Chicago NPC
    for PERM. Both guidances will appear in the Federal Register.

    Temporary programs, like the H2B program, will move to Atlanta, GA and
    Chicago, IL so that BECs will be able to focus on backlogs. This
    transition has not been completed yet. DOL will issue guidance on handling
    non-PERM cases received after March 28, 2005 (postmarked before March 28,
    2005, etc).

    What Triggers an Audit under PERM?

    Under PERM, there are certain programmatic "flags" that will trigger
    DOL case audits. Audits will be triggered by responses on the forms. The
    DOL is using technology to detect anything odd, down to whether the
    phone number provided for a company is a cell phone number.

    Processing Timeframes under PERM

    Most PERM cases are expected to be completed in 45 to 60 days, but this
    processing time will not apply to those cases that are submitted by
    mail. The system will assign a date to an eFiling automatically. Paper
    filings will be date stamped.

    Previous RIR or Regular Cases Re-Filed as PERM

    The DOL will be posting information on the conversion to PERM of cases
    previously filed under the regular LC or RIR programs. Re-filed
    applications may take longer to process than other PERM cases that are filed
    on the new ETA Form 9089. The time will depend upon how many of these
    are received and where the original case files are located. Most likely,
    they are going to have a relationship between the BEC database and the
    PERM database to use technology as much as possible to check whether
    the filings are identical - a requirement for retaining the original
    priority date. DOL expects that re-filing a case should still result in a
    faster labor certification processing than if the case is left at the
    BEC and not re-filed. With priority date retrogression preventing EB3
    cases from reaching the I-485 stage, this faster processing may not result
    in any net gain in overall green card processing time for those
    nationals from India, mainland China, and the Philippines affected by the EB3
    retrogression of dates. For a detailed analysis of this topic, see our
    January 21, 2005 MurthyBulletin article, PERM and EB3 Candidates File
    Regular LC Now!, available on MurthyDotCom.

  2. #2
    Peru, got the following article a day ago. I don't know if read it already... anyhow, enjoy...

    1. Highlights of PERM Meeting in Chicago - Jan 2005

    The U.S. Department of Labor (DOL) held its first PERM training meeting
    in Chicago, Illinois on January 11, 2005. To ensure that we stay
    abreast of the latest information on PERM, we sent an attorney from The Law
    Office of Sheela Murthy, P.C. to the session. This valuable information
    is the latest available on backlog reduction and PERM. It should help
    MurthyDotCom and MurthyBulletin readers in making their plans.

    Update on Backlog Elimination Centers

    The meeting began with a Backlog Elimination Center (BEC) update. There
    are the two BECs in Philadelphia, PA and Dallas, TX, as well as two
    "satellite" backlog centers - New York, NY (with Boston, MA) and San
    Francisco, CA. The two satellites will stay open for approximately another
    year. The oldest cases from the regional offices are at the BECs. Open
    cases at the regions are not moving to the BECs. Each BEC has
    approximately 200 contract staff members. The federal staff moved to the BECs
    from the regional offices will make all final case decisions.

    San Francisco had the largest volume of backlog cases, so 10,000 of
    their cases went to Dallas and 10,000 to Philadelphia. The DOL is using
    UPS for backlog shipments. The contract staff from Exceed Corporation is
    responsible for getting all of the cases moved to their proper
    locations. The current expectation is that there are an additional 200,000
    cases from the states beyond those moved from the regions.

    As of January 4, 2005, only 17 states had sent their backlogged cases
    that were due on December 31, 2004. This is approximately 24,000 cases.
    Larger states are slower because they have more cases to box.

    Procedures at BECs

    BEC operations have been making progress each day. There are many
    challenges because of the large volume of cases. There is a brand new
    software system that has glitches and a largely new staff that needs
    training. To date, they have sent approximately 26,000 "45-day letters." These
    are letters to potential employers essentially verifying whether or not
    the employer wishes to pursue the case. Of these, 11,000 had
    potentially unnecessary questions about the existence of the company because of
    the insufficient database that was in use. They now have other databases
    and they will continue to send out these 45-day letters. The DOL
    requests that the 11,000 letters also be answered, as this is more efficient
    than their having to send out revised letters.

    When the BEC gets a case, it goes through data entry and then the
    45-day letter is issued. When the response is received, the case is put into
    one of the 2 processing streams (RIR or Regular), and those streams are
    adjusted for FIFO (first-in / first-out order) on a routine basis.
    Information is in the process of being set up for a public system. Right
    now, the Boston and New York regional offices are the only locations with
    accurate information available to the public. The initial data entry
    that precedes issuance of the 45-day letter is under consideration for
    possibly being abbreviated so that the files may more quickly be
    identified as having arrived at the BECs. A national database is being
    implemented so that it will be possible to call one BEC and get information
    about the location of the file, regardless of which BEC has the file.

    Efforts are currently focused on data entry. It does not appear that
    cases are being processed as yet. The next step will be to share the BEC
    software with New York / Boston and San Francisco, once more of the
    programmatic problems have been worked out.

    The DOL expects backlog procedures to be fully defined by the PERM
    start date of March 28, 2005. Anything filed prior to PERM will be
    considered a part of the backlog. Backlog elimination is estimated to take
    approximately 24 to 30 months once PERM has begun. This, in part, depends
    upon the number of people re-filing under PERM.

    Expect DOL Transitional Guidances

    The DOL expects to release two more guidances on transitional
    procedures in the near future. The first will guide the states on procedures
    once PERM has been implemented. This is expected to be published in the
    next month. The second notice will outline which states will use the
    Atlanta National Processing Center (NPC) and which will use the Chicago NPC
    for PERM. Both guidances will appear in the Federal Register.

    Temporary programs, like the H2B program, will move to Atlanta, GA and
    Chicago, IL so that BECs will be able to focus on backlogs. This
    transition has not been completed yet. DOL will issue guidance on handling
    non-PERM cases received after March 28, 2005 (postmarked before March 28,
    2005, etc).

    What Triggers an Audit under PERM?

    Under PERM, there are certain programmatic "flags" that will trigger
    DOL case audits. Audits will be triggered by responses on the forms. The
    DOL is using technology to detect anything odd, down to whether the
    phone number provided for a company is a cell phone number.

    Processing Timeframes under PERM

    Most PERM cases are expected to be completed in 45 to 60 days, but this
    processing time will not apply to those cases that are submitted by
    mail. The system will assign a date to an eFiling automatically. Paper
    filings will be date stamped.

    Previous RIR or Regular Cases Re-Filed as PERM

    The DOL will be posting information on the conversion to PERM of cases
    previously filed under the regular LC or RIR programs. Re-filed
    applications may take longer to process than other PERM cases that are filed
    on the new ETA Form 9089. The time will depend upon how many of these
    are received and where the original case files are located. Most likely,
    they are going to have a relationship between the BEC database and the
    PERM database to use technology as much as possible to check whether
    the filings are identical - a requirement for retaining the original
    priority date. DOL expects that re-filing a case should still result in a
    faster labor certification processing than if the case is left at the
    BEC and not re-filed. With priority date retrogression preventing EB3
    cases from reaching the I-485 stage, this faster processing may not result
    in any net gain in overall green card processing time for those
    nationals from India, mainland China, and the Philippines affected by the EB3
    retrogression of dates. For a detailed analysis of this topic, see our
    January 21, 2005 MurthyBulletin article, PERM and EB3 Candidates File
    Regular LC Now!, available on MurthyDotCom.

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