DOL issues Guidance regarding the Re-Instatement of certain Backlog Center Cases which were erroneously withdrawn

The Department of Labor (DOL) issued a statement on or about November 15, 2006, providing guidance, regarding how certain cases in the Backlog Centers which were inadvertently withdrawn (as being "re-files due to technical problems) would now be reinstated. The Statement is reproduced below.

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Backlog Centers

Backlog Cases Inadvertently Withdrawn as Re-Files

It has come to the attention of the Office of Foreign Labor Certification (OFLC) that due to a technical issue, a number of cases were inadvertently identified as pending PERM re-file applications and were withdrawn from the backlog. OFLC is working to rectify this situation immediately by identifying the affected cases, and reinstating them back to the appropriate processing status in proper order. This effort will be completed by November 30, 2006.

Although affected employers and their attorneys will NOT be receiving an additional notice of reinstatement, they may verify their case has been reinstated using the Public Disclosure System (PDS) starting December 1^st. Since verification will be available online, employers and attorneys are requested not to contact the Backlog Elimination Centers regarding status.

Public Disclosure System

In order to provide basic case status information on specific cases, OFLC introduces the Backlog Public Disclosure System (PDS). The purpose of the PDS is to provide a vehicle for employers, attorneys, agents, and aliens to determine the status of an application filed at a Backlog Elimination Center (BEC). Users can access PDS by clicking on the "Check Backlog Case Status" under "Quick Links", or by clicking here.

No Contact from BEC

OFLC has developed a process for an employer or attorney who believes an application should be pending at the Backlog Elimination Centers (BECs) but for which no contact (e.g., no 45-Day Center Receipt Notification Letters (CRNL), case closed letter, or other correspondence about the case) from the BECs has been received.

In order to provide these employers with the opportunity to have their applications processed while also guarding against potential fraud, OFLC has established specific steps for employers or their attorneys to follow. These steps are outlined in the FAQ located here.

Non-Receipt of 45-day Letters Process for Addressing Related Requests to Reopen

The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received "case closed" letters may not have previously received a "45-day" Center Receipt Notification Letter ("45-day letter") from the Backlog Elimination Center (BEC) processing their respective cases. In addition, cases may have been closed after employers or their representatives responded timely to a 45-day letter. OFLC has developed a process and remedy available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters. To be considered for case reopening, all requests must be received by the appropriate BEC within 30 days of the publication of this policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.

To learn more, see the Frequently Asked Questions (FAQ) section here.

What's happening with my application for Alien Employment Certification for Permanent Employment in the United States?
As part of our effort to improve the processing of permanent labor certification applications, Permanent cases from the Regional Offices and the State Workforce Agencies are being transferred to the ETA Backlog Processing Centers. The centers will issue a "45-day letter" to the employer. The letter will ask the employer if it wishes to continue with the processing of the application. Additionally, the letter will inform the employer if any information from the application is missing. The employer will be given 45 days from the date of the letter to respond. If the employer fails to respond, the application will be closed.

Why is my application being processed by a Backlog Processing Center?
ETA has established two (2) Backlog Processing Centers in accordance with an interim final rule we published in the Federal Register on July 21, 2004. The rule allows us to consolidate state and Federal functions of the application review process into centralized locations. We estimate with adequate resources, it will take approximately 24-30 months to eliminate the permanent program's backlog of cases.

Which Backlog Processing Center has my application?
Which Backlog Processing Center has your application depends upon the area of intended employment for the job opportunity identified in the Permanent application.

• Philadelphia Backlog Processing Center
  If the area of intended employment is in the following states or territories, questions should be directed to the Philadelphia Processing Center at the address listed below:

Alabama	Connecticut	Delaware	Florida
Georgia	Kentucky	Maine	Maryland
Massachusetts	Mississippi	New Hampshire	New Jersey
New York	North Carolina	Pennsylvania	Puerto Rico
Rhode Island	South Carolina	Tennessee	Vermont
Virgin Islands	Virginia	Washington DC	West Virginia

U.S. Department of Labor
Employment and Training Administration
1 Belmont Avenue, Suite 200
Bala Cynwyd, PA 19004
Phone: (484) 270-1500
Fax: (484) 270-1600

• Dallas Backlog Processing Center
  If the area of intended employment is in the following states or territories, questions should be directed to the Dallas Processing Center at the address listed below:

Alaska	Arizona	Arkansas	California
Colorado	Guam	Hawaii	Idaho
Illinois	Indiana	Iowa	Kansas
Louisiana	Michigan	Minnesota	Missouri
Montana	Nebraska	Nevada	New Mexico
North Dakota	Ohio	Oklahoma	Oregon
South Dakota	Texas	Utah	Washington
Wisconsin	Wyoming

U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201
Phone: (214) 237-9111
Fax: (214) 237-9135

H-1B Visa Extensions

DOL has worked with CIS to set up a new system in the Backlog Elimination Centers to assist individuals who have submitted an application for permanent labor certification prior to March 28, 2005 and need proof of the submission to apply for an extension of an H-1B visa.

Individuals should send an e-mail to the appropriate Backlog Center explaining the need for the H-1B extension and requesting verification that their application is pending at the Center. The email addresses are h1b7yr@dal.dflc.us for the Dallas Center and h1b7yr@phi.dflc.us for the Philadelphia Center. Include in this request all pertinent information (employer name and address, alien name and address, date of filing, state where filed, case number, if known).

The Backlog Center will respond to the individual with verification that the application has been pending for 365 days.

Backlogged Application Receipt Dates

The document found at the link below was created to help employers who have applied for Permanent Foreign Labor Certification prior to March 28, 2005 find out when their applications arrived at a backlog processing center. In order to learn when a specific case was received by a backlog center, first locate the state where the Permanent Foreign Labor Certification application was submitted. Then, in the next column, marked Filing Date Range, find the dates between which the application's filing (or priority) date falls. To the right of this column is the Date Received column, which shows the exact date that applications within a specific priority date range arrived at the backlog center. The last column, entitled Backlog Center, shows what center received that particular shipment.

Backlogged Application Receipt Dates

Shipping Schedule:
Permanent case applications currently located at the SWAs and Regional Offices are being shipped to the Backlog Processing Centers in three phases based on local office receipt date.

Phase	Local Office Receipt Date	Date Due to Center
1	Prior to January 2003	Completed On 12-31-04
2	2003 to 2004	No Later Than 03-31-05
3	2005	No Later Than 04-22-05