|
 |
|
PINOYNATION.COM |
|
|
|
ADVERTISEMENTS |
|
|
| Edition:
þ
FLORIDA
o
METRO (DC-MD-VA-NY) |
 |
|
|
|
US IMMIGRATION UPDATES
LEGAL NOTES / JUL 19 2006 |
|
|
|
Remedy for Erroneously Closed Labor Certification Cases |
By Reuben S. Seguritan, Esq.
|
 |
|
Labor
certification applications that have been languishing in the
pipeline for years are now being processed in earnest by the
backlog elimination centers in Philadelphia and Dallas. There
are thousands of cases filed under the traditional and
reduction-in-recruitment modes that have been pending since
2001.
|
|
Some cases have become moot as a result of supervening events such as the adjustment of the alien beneficiary’s status on other grounds or death of either the alien beneficiary or the employer, or abandonment by the employer or the beneficiary.
45-Day Letters
To weed out applications that have been or will be abandoned,
the Department of Labor (DOL) has been sending out so-called
“45-day letters” to employers or their legal representatives.
The 45-day letter essentially notifies the employer that the
case is already up for processing. More importantly, the 45-day
letter seeks confirmation that the employer wishes to pursue the
application, and in certain cases, requires correction of
certain deficiencies in the application. The 45-day letter must
be sent back to the DOL with the employer’s complete response
within the said period, otherwise, the case will be closed.
Unfortunately, many cases have been erroneously closed
purportedly for failure to respond to the 45-day letter.
Needless to say, this has raised complaints from employers who
have been waiting patiently for years. Even the American
Immigration Lawyers Association threatened to sue the DOL if the
erroneous closure of cases were not addressed forthwith.
|
|
ADVERTISEMENT |
 |
|
|
Employer’s Remedy
The DOL issued recently an FAQ aimed at providing a remedy for employers whose labor certification cases had been erroneously closed. The FAQ addresses only two types of closed cases, namely, cases where the employer did not receive the 45-day letter itself; and second, cases where the employer timely and completely responded to the 45-day letter. It does not deal with cases that have been closed on other grounds such as where the employer made a late or incomplete response to the 45-day letter or any other DOL communication.
To request the DOL to re-open a case, an email should be sent to the Backlog Elimination Center (“BEC”) under the subject line “Request to Reopen.” The Dallas BEC email address is reopenrequest@dal.dflc.us, and the Philadelphia BEC address is reopenrequest@phi.dflc.us. There should be one case per email request. Requests to reopen may not be made by regular mail.
The email should contain the following: (a) the name of the employer and the correct current address, (b) the correct case number (which should be the ETA number not that from the State Workforce Agency), and where applicable an explanation why there is no ETA case number; (c) current contact information, including the email address of the employer and the legal representative; and (d) name of the alien beneficiary.
The body of the email must describe the reason why the case was erroneously closed, which can be either of the three, to wit: (1) no 45-day letter was received by the employer / legal representative, (2) a timely and complete response to the 45-day letter was made, or (3) neither a 45-day letter nor notice of closure was issued but the employer’s H-1B mailbox indicates the case is closed.
|
|
ADVERTISEMENT |
 |
|
|
|
|
When the email request is sent, the DOL shoots back an automated response which merely confirms that the email was received. Actual turnaround on the request, according to the DOL, may vary.
If the DOL reopens the case the second email will include a screenshot of the case, the 45-day letter and, if applicable, a list of corrections to be made on the application. Employers must check the screenshot of the case to ensure that the proper case was reopened.
If there are no deficiencies in the application, the employer’s request to reopen will be considered the response to the 45-day letter and the DOL will simply continue to process the case.
If the case has deficiencies and the DOL’s email response included a list of corrections to be made, the employer must submit the correction in hard copy within 45 days. Otherwise, the case may be delayed or worse, re-closed.
According to the DOL, if the employer has not received the 45-day
letter by July 21, 2006, it should send an email to either the
Dallas BEC at nobeccontact@dal.dflc.us or to the Philadelphia BEC at
nobeccontact@phi.dflc.us. The email must state the attorney’s name
and address; the employer’s name and address; alien’s name and
address; the priority date of the case; and the state or regional
location and/or number where the case was originally filed.
REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com |
|
|
| ADVERTISEMENTS |
 |
| ADVERTISEMENTS |
 |
| |
|
|
| |
|
|
| |
|
| |
|
|
To Advertise please E-mail ads @
bastapnoy.com
 |
|
|
Basta Pinoy News™, Basta Pinoy!, Asiana Post, Radio-TV Pilipino, OFWBalita Natin™ are trademarks of
Basta Pinoy News
Copyright © 1999-2007 Radio-TV
Pilipino Network, Inc. All rights reserved. No portion of this
publication can be published in any form and any means without the
written consent and permission of Basta Pinoy News Basta PinoyÒ is a Registered Trademark of Radio-TV
Pilipino Network, Inc.Registered in U.S. Patent and Trademark Office. Terms of Use.
Privacy
Policy.Disclaimer.
TO VERIFY CREDENTIALS OF
CORRESPONDENTS or SALES REPRESENTATIVES PLEASE e-mail
press @ bastapinoy.com |
|
