Legal News

Backlog Reduction Update

01/24/05


Those who may have recently checked the on-line Department of Labor (DOL) labor certification case processing time table will have noticed a dramatic jump in the reported processing date for the Chicago regional office. After almost one year of little or no movement, the DOL website now lists Chicago as processing cases transmitted by the state workforce agencies (SWAs) in November 2004.
This significant change in processing time prompted us to contact the DOL for an explanation, particularly because the Chicago case status line did not reflect any new information for pending cases. In response to our inquiry, the Chicago Certifying Officer advised that Reduction in Recruitment cases transmitted by the SWAs between December 23, 2003 and November 7, 2004 to the Chicago office have been shipped to the Dallas Backlog Reduction Center for continued processing, along with Conventional and Special Handling cases transmitted between November 2002 and November 7, 2004. She further advised that at this time only about 1,000 cases remain in the Chicago office.
In light of this development, we expect that the Dallas BRC will soon be sending transfer notification letters to employers and attorneys of record. These letters will require a response to the BRC within 45 days of the notice date. In light of the deadline, we request that employers fax a copy of their notice to our office upon receipt, in order to assure timely response in the unlikely event that our office does not receive a transfer notice. A tardy response may result in the DOL canceling the application.
Our office continues to monitor new developments in PERM and in BRC processing and will periodically post updates. We also continue to periodically update employers and employees on individual case status.


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