Backlog Elimination Centers

Does the Prevailing Wage used to establish a pattern of recruitment need to be 100% of the current prevailing wage for the occupation?

According to the Labor Department:

Yes, as per current regulation governing recruitment for Foreign Labor Certification applications, recruitment should be done at 100% of the prevailing wage.

I have a case number but it begins with a "T", the Public Disclosure System says I need a D- or P- case number. What should I do?

According to the Labor Department:

Until cases were fully data entered, they may have had numbers that began with a "T". These case numbers have since been converted and now begin with a "D" if the case is located in the Dallas BEC or a "P" if the case is in the Philadelphia BEC. The state in which the case was originally filed will determine the location of the appropriate BEC. You can check here to determine which state has your case, or you can try both a D and a P prefix to see which returns your case.

According to the Labor Department:

Send the above information to the appropriate BEC based on where the case was filed. The information should be addressed:

For Philadelphia BEC:
ATTN: No BEC Contact – Case Documentation
U.S. Department of Labor
Employment and Training Administration
1 Belmont Avenue, Suite 200
Bala Cynwyd, PA 19004

For Dallas BEC:
ATTN: No BEC Contact – Case Documentation
U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201

According to the Labor Department:

No, only cases currently open and in process at the BEC are eligible.

However, if the employer is using the "No BEC Contact" procedure to reconstruct a case or the "Reopen" procedure to request reopen for a case you believe was closed in error as described in prior FAQs, you may submit your RIR conversion request and supporting documentation along with your reconstructed case. If requesting RIR conversion with another action, employer submissions should be clear that multiple actions are being requested, and documentation for each should be provided.

According to the Labor Department:

The initial step for the BEC will be to conduct a search to reconfirm that the BEC does not have the case in question.

If a case is NOT found, an e-mail will be sent to the employer or attorney indicating that the case could not be located and will provide instructions regarding what information the employer should provide. You will be required to send the following information (via regular mail) to the BEC:

The BECs have sent all 45-Day Center Receipt Notification Letters (CRNL) to employers or their attorneys for cases shipped to the BECs by State and Regional Offices. OFLC recognizes that there may be some employers or their agents that believe they should have an application pending but have still heard nothing and received no information from the appropriate BEC about the application. In order to provide employers with the opportunity to have their case processed while also guarding against potential fraud, OFLC has established specific steps for employers or their attorneys to follow.

What if an employer has already had their RIR status denied, or has attempted to convert to RIR previously, is such an application eligible for RIR conversion?

According to the Labor Department:

Yes. If the employer is able to remedy the shortcomings in the pattern of recruitment or documentation, requests for RIR conversion may be made even if RIR was denied previously up until the BEC begins supervised recruitment on the application, at which time the case is no longer eligible for conversion.

The Department of Labor published a set of FAQs regarding the RIR Conversion Opportunity, i.e., the "hold harmless" or "safe harbor" recruitment period for converting traditional labor certification cases to Reduction in Recruitment. Note that in order to take advantage of this opportunity: "No later than January 20, 2007, the applicant or its designated attorney [must] send an e-mail to the appropriate BEC using the language specified (see question 9 below) indicating its intent to convert a TR case to RIR status." AND: "The applicant or its designated representative sends the RIR conversion package to the appropriate BEC in hard copy, by regular mail, certified mail, or mail courier, with the subject “RIR Conversion Package – [case number]” no later than April 1st, 2007. If no package is postmarked for receipt by this date, the case will be closed. These applications do not revert to the TR queue and the decision to close is not subject to appeal." See below for the FAQs.

According to the Labor Department:

No, any correction or change must be sent to the appropriate Center following the instructions above.

According to the Labor Department:

All cases are being assigned new case numbers once entered into the Permanent Backlog System (PBLS). Once a case has been entered into PBLS, the BPC will send the employer and attorney of record (if applicable) a letter with the new case number.

I am a new attorney of record for a permanent foreign labor certification case. Our firm wishes to notify your office of this change. How do I do this?

According to the Labor Department:

Please send the appropriate Backlog Processing Center a letter stating the requested change and enclose a new signed and dated G-28 with the updated information. A separate G-28 is required for each case for which you want to make a change. Each G-28 must be signed and dated by the employer and/or the alien, depending on which party you represent.

According to the Labor Department:

Yes, your request must be e-mailed to the appropriate BEC no later than 30 calendar days after the posting of this announcement on the OFLC website.

According to the Labor Department:

The policy of the U.S. DOL/ETA National Office prohibits the expediting of applications.

Many clients are anxious because we have not received the 45-day letters from the Backlog Processing Centers in connection with their application. How can we follow up on status of cases and at what point should we worry about not getting a letter?

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 within 45 days.

According to the Labor Department:

Backlogged cases will be processed in Philadelphia and Dallas. PERM cases will be processed in Chicago and Atlanta.

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.

According to the Labor Department:

No. The PDS will return a status of "in process" as a case moves through the various stages of the case review and analysis process at a BEC. Depending on the case type and filing date, some cases may show a status of "in process" for some time as the case moves through the various stages.

Again, depending on the case type and any issues that arise with the case, you may hear from the BEC while your case is in process and to facilitate faster processing, you should respond as quickly and completely as possible.

According to the Labor Department:

If you have not done so already, send an e-mail request to the No BEC Contact box at nobeccontact@dal.dflc.us for the Dallas BEC or at nobeccontact@phi.dflc.us for the Philadelphia BEC. The e-mail must contain the following information:

Our office recently received a request for "corporate documents" from the BPC. The petition was for a housekeeper. Is this request sent in error or how do we respond?

According to the Labor Department:

If the application is for a domestic servant in a private household, the employer should provide a recent tax return and/or leases, utility bills, etc. that establish the domestic employer at the address on the application.

The employer has changed names. Do we have to submit a new application or may we change the original application? How should this be done?

According to the Labor Department:

The employer must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity. In addition, a new ETA 750 Part A and Part B must be provided to continue the permanent foreign labor certification process. If the Form ETA 750 Part A and Part B have been returned for correction, the changes may be made on those existing documents.

Please note that the new employer or entity must be connected to the old one (a successor-in-interest) and cannot be an entirely new employer.