FOIA Success - Labor file received from DOL

atlantabhopali

Registered Users (C)
Hi All,

Hope everybody had a great thanksgiving.

I did not have a copy of my Labor file, and required the same for filing AC-21. The options were to either file FOIA request for the file with BCIS or FOIA with Dept of Labor. I chose to file with DOL as (a) it takes lesser time to process (b) no forms to fill - a simple letter is sufficient (c) can talk with a live person (FOIA officer) who is responsible to process the actual request, and hence knows what is going on.

The process was simple:
(a) Called 1-877-US-2JOBS and ask for the FOIA officer/regional DOL numbers.
(b) Called regional FOIA officer to confirm what was required to file such a request. She required only a simple, non-notarized letter stating that I need copies of everything in the file and am the beneficiary.
(c) Sent the letter on Oct 20th and received the file on Nov 21st.

DOL sent me copies of all the forms filled by my employer/myself during labor and a copy of the labor approval letter they had originally sent to my employer. While they did not provide the actual ETA-750s, the provided forms have job description, code, offered salary, prevailing wage, etc - basically all information required to file AC-21.

All free of charge and no lawyer help required.

cheers

-ab

ps: The letter I sent was as follows:

<Your Name>
<Your Address>
<Your Email>
<Your Phone>

Date: XX/YY/ZZ

Attention: FOIA Officer
US Department of Labor
Employment and Training Administration
Address 1
City, State, Zipcode

Subject: FOIA request for Labor Certification (green card) case file

Dear FOIA Officer,

This is to request a copy of my entire labor certification case file, as provided under the FOIA law. I especially require the job description, salary, prevailing wage, DOT/O’ NET job code, job title, and/or job locations, as and if mentioned in the file.

I, <your name>, am the beneficiary of a labor certification (green card) filed by <Sponsoring Employer Name>. For verification purpose, my date of birth is <Ur DOB> and <Sponsoring Employer's Name> address mentioned on the file would be <Sponsoring Employer's Address>. The case was filed around <Approx Date if you know it> and was certified in <Approx Date if you know it>. Unfortunately, I do not have the exact dates.

Please send me the copy of the entire case file. I agree to pay any charges associated with such a request. I also affirm under the penalty of perjury pursuant to the laws of the United States of America that the information provided in this letter is correct. Please feel free to reach me at <Ur phone> for any further information.

Sincerely,


<Your Name/Signature>
 
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That is great news. But what is the procedure in case of an substitute labor. In case of labor substitution the applicant is not the beneficiary. Will the DOL consider under the FOIA? What steps are needed for obtaining this?

Also What is the procedure for filing AC21. Are there separate forms etc?

TIA
dyno
 
PhillyKP - Glad to be of help.

dynobouy - Do you know any details of ur substituted labor (filing date, name of previous beneficiary, etc) that would help DOL locate ur file? If so, I believe they would send u the docs if you claim to be the beneficiary after substitution - u could write the same, under penalty of perjury, on your letter requesting the labor file. Call ur regional DOL and ask the FOIA officer, he/she would be able to give you the exact information. As far as AC-21 is concerned, there are no forms to fill, only a letter to be sent to BCIS. Formats can be found here: http://www.immigrationportal.com/showthread.php?s=&threadid=87534

goodluck!

-ab
 

atlantabhopali

Thanks for that info.

My employee doesn't give any info about the labor. I have the 140 EAC. Will it be sufficient to get copies of the substituted labor from USCIS?

TIA
dyno
 
If u don't have any info about LC, filing FOIA with CIS is the only option. DOL cannot locate ur LC file just based on ur employer name as there would be many LCs for their firm.

CIS should be able to provide u the LC details based on ur 140/485 receipt numbers. However, I am not sure if they inform ur employer about such a request or not...

Goodluck and let the board know ur outcome..

-ab
 
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