Update from the Backlog Elimination Centers ("BECs")

The U.S. Department of Labor ("DOL") has recently confirmed that they are still in the process of completing data entry for an estimated 100,000 cases at the Backlog Elimination Centers ("BECs"), also known as the Backlog Processing Centers ("BPCs"). As a result, not all cases have yet received a Center Receipt Notification Letter ("CRNL"), or 45-day letter. In order for a 45-day letter to be received, the BEC must have completed all data entry. Once the data entry for a case is completed, the BEC will dispatch the 45-day letter to the employer (or their agents), requesting verification that they wish to continue with the case. These letters must be returned within the 45 day period in order to keep the case active. It should be noted that the issuance of the 45 day letter does not mean that the case will be reviewed immediately. The BEC continues to process applications based on the original filing date. The estimated time-frame to complete all the 45-day letters has been a "few more months."

The BECs have been recently adjudicating Reduction in Recruitment and traditional cases where recruitment was completed previously and no further recruitment is required. For those applications that still require recruitment, or require additional review relating to issues, such as prevailing wage rebuttals, a few more months is necessary before these cases will be under review.

Shihab & Associates, Co., LPA continues to receive approvals from the backlog centers on an ongoing basis. Based on these approvals, the BEC is currently reviewing Reduction in Recruitment applications with an original filing date of November 2003 and earlier. For traditional cases, approvals have been issued for those applications with an original filing date of August 2002 and earlier. Again, it should be noted that traditional cases that still require recruitment, have not been under review as of yet. Shihab & Associates will continue to track these approvals and priority dates in order to provide you with updated information on the backlog centers current processing times.