Many MurthyDotCom and MurthyBulletin readers have expressed their appreciation for regular updates on our experiences with case processing at the U.S. Department of Labor (DOL) Backlog Processing Centers (BPCs). The latest such report was in our March 24, 2006 article, BPCs Update : Mid January to Mid March 2006. We have received some inquiries as to why we have not continued to provide these updates. This is because the BPCs, apparently, have been focusing more on issuing the 45-day continuation letters than on case adjudication. The volume of cases originally filed by the Murthy Law Firm for which we have received decisions (all were approved) during the three months since our last article, has been substantially smaller than was the case before March 2006.
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Based on comments made at the recent national American Immigration Lawyers Association (AILA) Conference, June 2006, the pace is expected to increase in the near future. Additionally, the DOL will include traditional labor certification cases (TR), and not exclusively the RIR cases, in their efforts to clear the backlogs. All of the approvals that we have seen to date have been RIR cases, with no action (other than 45-day letters) on traditional, non-RIR cases.
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Dallas BPC Continues with 2004 Cases
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As reported previously, the Dallas BPC continues to approve labor certifications (LCs) filed in 2004. The cases we received in the three months between the end of March 2006 and the end of June 2006 ranged from early 2003 to mid 2004. The approvals came from the following six states of original filing: Illinois, Colorado, Texas, Michigan, Washington, and Ohio.
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Philadelphia BPC Continues with 2001 and 2002 Cases
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The Philadelphia BPC, as before, is keeping more to a First-In/First-Out (FIFO) system. The cases that were approved had priority dates ranging from mid 2001 to late 2002. There was a case with a later priority date approved, but that was a special-handling case. Special-handling cases are for faculty members or other instructors who teach at institutions of higher education, like universities or colleges. Thus, it appears that the Philadelphia BPC, at least in this instance, is identifying and approving special handling cases before the regular LC or RIR cases. The recent LC approvals that we received from the Philadelphia BPC originated from Georgia, New Jersey, New York, and Maryland.
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Conclusion : Future
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We at the Murthy Law Firm will continue to share helpful information with our MurthyDotCom and MurthyBulletin readers on this important subject. Given the length of time that BPCs have been in existence, it is frustrating that they are not moving at full speed on LC adjudications. The pace must hasten significantly if they are to meet their previously-stated goals for adjudicating all remaining pre-PERM labor certifications. Given the DOL's indication at the AILA conference, it is anticipated that the current the pace will increase. They expect to begin issuing advertising instructions in the traditional, non-RIR cases. This does not mean that RIR case processing will end. We will track the progress on cases filed by the Murthy Law Firm, so that we can update our readers again on this important topic in the near future.