February 16, 2005 - The Department of Labor has updated its online report of processing times for applications for permanent labor certification. The new web page may be found at http://workforcesecurity.doleta.gov/foreign/times.asp.

BAL Comment: The new web page provides background information on the recently created Backlog Processing Centers (BPCs) but does not yet include information on which applications are currently being processed, and does not include information that would allow individuals to estimate the expected processing time for their applications. We presume that this is a transitional page, and the more useful information will be provided in the future.

In addition, the web page contains information regarding broad categories of applications that may not be accurate for individual cases. For example, the website incorrectly suggests that all applications from California are being processed by the Dallas BPC - this is contrary to recent briefings by DOL representatives that some cases from California were shipped to the Philadelphia BPC. (BAL has begun receiving Notices from the Philadelphia BPC for some California cases.) It also reports broadly that the transfer of all cases with Local Office Receipt Dates prior to January 2003 to a BPC was completed as of December 31, 2004, but does not report that some cases are being retained for processing at the DOL Regional Office. And, of course, transferring cases is one thing and processing them is another. Since information on transferred cases is still being keyed in at the BPCs, it may be some time before the BPC's can complete their initial procedure of sending 45 day Notice letters and can begin regular processing of these applications.

We expect the new website to become more useful in the future when the BPC's begin to adjudicate cases and more accurate information is available.