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Should I use the procedure described here if I have already heard from the BEC that my case was closed, or have another question about a case?

According to the Labor Department:

No. This process is only for cases about which the employer or their attorney has not heard from the BEC about the case at all. If you believe your case was closed in error due to non-receipt or non-response to a 45-day letter, you should send your request to the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.

If you have another question about a case, it should go to the general information box at info@dal.dflc.us for the Dallas BEC or at info@phi.dflc.us for the Philadelphia BEC.

According to the Labor Department:

The employer must provide the address of the appropriate Certifying Officer for the area of intended employment. Addresses for the National Processing Centers and Certifying Officers, including a chart of the states and territories within their jurisdiction, can be found under the section, How to File, above.

If the employer includes job duties and requirements in the advertisement, must they be listed on the Application for Permanent Employment Certification, ETA Form 9089, as well?

According to the Labor Department:

Yes, if an employer wishes to include additional information about the job opportunity, such as the minimum education and experience requirements or specific job duties, the employer may do so, provided these requirements also appear on the ETA Form 9089.

According to the Labor Department:

If the employer disagrees with the skill level assigned to its job opportunity, or if the SWA informs the employer its survey is not acceptable, or if there are other legitimate bases for such a review, the employer is afforded one opportunity to provide supplemental information to the SWA. Additionally, the employer may choose to file a new request for a wage determination or request review by the Certifying Officer.

According to the Labor Department:

What additional documentation may the employer provide to the Certifying Officer when requesting a review of the prevailing wage?

The single opportunity to submit supplemental information to the State Workforce Agency represents the employer's only opportunity beyond the initial filing to include materials in the record that will be before the Certifying Officer in the event of an employer request for review under § 656.41. The appeal stage of the process is not intended to serve as an avenue for the employer to submit new materials relating to a prevailing wage determination.

Is it true that the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination is not acceptable as a means of obtaining a labor certification for professional nurses under Schedule A?

According to the Labor Department:

Yes, the passage of the examination alone is not acceptable; the alien is required to have a CGFNS Certificate. A CGFNS Certificate documents that, in addition to having passed the nursing skills examination, the alien has demonstrated English language proficiency and CGFNS has made a favorable evaluation of the individual's nursing credentials.

How can the employer ensure that no unauthorized use of the employer's personal identification number (PIN) and/or usernames and passwords exists?

According to the Labor Department:

The employer is able to view all applications filed under the employer's account, to include all applications filed under the employer's sub-accounts, and we recommend employers implement a mechanism by which to identify any unauthorized use of the employer's PIN and/or usernames and passwords. We also recommend employers require those persons to whom sub-accounts have been assigned to carefully monitor the accounts for unauthorized activity. If the employer uncovers unauthorized use of the PIN and/or usernames and passwords, the employer must immediately contact the Department of Labor at PLC.HELP@DOL.gov.

NOTE: The employer is advised to set up a sub-account for the attorney or agent. Thereafter, the attorney or agent, using the sub-account's username and password, will be able to access the sub-account and be able to do what is required and/or needed to file labor certification applications on behalf of the employer, depending on the level of access granted by the employer. In filing applications for an employer, the attorney or agent must use the employer's PIN, which is provided to the attorney or agent upon creation of the sub-account along with the sub-account's own username and password. The employer is cautioned that ultimate responsibility for the representations of its attorney and/or agent rests with the employer.

Must the employer request a prevailing wage from a State Workforce Agency (SWA) if a Collective Bargaining Agreement exists or the employer is choosing to use a Davis-Bacon Act or McNamara-O'Hara Service Contract Act wage?

According to the Labor Department:

Yes, the employer must always request a prevailing wage from the SWA having jurisdiction over the proposed area of intended employment. The SWA is responsible for evaluating whether the wage source chosen by the employer is applicable and/or acceptable.

The USCIS has advised that I-130s which are pending at U.S. Embassies and Consulates should not be re-filed.  The USCIS notice was issued in the wake of the enforcement of the Adam Walsh Protection act which prevents U.S. Embassies and Consulates from processing I-130s.  The relevant portion of the USCIS notice appears below:  

U.S. Embassies and Consulates can no longer accept Form I-130 petitions because U.S. Consular officials can not perform the necessary background checks required by the Adam Walsh Protection act.  Therefore, new I-130 petitions must now be filed with the USCIS.  Note that I-130 petitions which were previously filed with a U.S. Embassy or Consulate may be subject to a different temporary rule.  The State Department cable to U.S. Embassies and Consulates regarding this matter follows:

Test page for physician search block

 

Thank you.

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. To apply for visa, please see Applying for a TN Visa - Required Documentation.

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

Professionals of Canada may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
• Professional Canadian citizen has the qualifications of the profession 

Source: U.S. Department of State

NAFTA is the North American Free Trade Agreement.  It creates special economic and trade relationships for the United States, Canada and Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States.  Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

Source: U.S. Department of State 

If you are one of the lucky ones selected in the DV lottery, it is important that you understand that selection does NOT guarantee that you will receive a visa because the number of applicants selected is greater than the number of visas available. There are only 50,000 to 55,000 visas available in each FISCAL YEAR for the DIVERSITY VISA PROGRAM and approximately 100,000 applicants were notified. Therefore, it is extremely important that you carefully follow all of the State Department and BCIS rules, regulations, and procedures to increase your chance of visa issuance. For this reason, you may wish to retain a law firm to complete the final process.

Our firm provide legal counseling on Consular Processing or Adjustment of Status for Lottery Winners. For standard cases (not involving complications), the attorney's fees is US $600 (US $120 for winners who submitted the lottery application through our law firm) for the lottery winner, and US $400 for each

According to the Labor Department:

All cases filed between 1/1/05 and postmarked before 3/28/05 will be processed by the Backlog Processing Centers.

According to the U.S. Customs and Border Protection, to qualify to use the Visa Waiver Program (VWP) to enter the U.S., you must:

According to the Labor Department:

There is no specific date by which an employer or their agent may request RIR conversion. However, by regulation, once the BEC has posted the job order to begin the recruitment process, the application is no longer eligible for RIR conversion. Since applications are processed by filing date, recruitment for TR applications is begun on a rolling basis based on priority date as cases are processed. Therefore, it is to the advantage of an employer who would like to request an RIR conversion to do so as soon as possible to minimize the possibility that the BEC begins recruitment on the application.

According to the Labor Department:

Due to the large volume of files transferred to the two Backlog Processing Centers, we cannot determine when your "45-day" Center Receipt Notification Letter (CRNL) will be mailed to you. As soon as your case is entered into the U.S. DOL Permanent Backlog System (PBLS), a "45-day" CRNL will be generated and sent to you and your attorney/agent of record, if one exists. Once you receive the "45-day" CRNL, all requested corrections, supporting documents, and the enclosed Selection of Continuation Option Letter must be returned to the appropriate Backlog Processing Center. In the designated space at the bottom of the Selection of Continuation Option Letter, please indicate your decision as to whether "I wish to withdraw this application" or "I wish to continue the processing of this application" with a check mark.