Respond from Secretary Chao
Guys,
Some of you might already have received this standard respond.
"However, in the interest of fairness and consistency, applications are processed in the order of their receipt and cannot be expedited based solely on the needs of individual employers or aliens. This avoids inequities that can arise when attempting to determine the relative merits of literally thousands of applications". This part really pissed me off. As you know some of the applicants that filed at a later time have received their labor certification approval.
"This new timeframe and consolidated approach to processing favorably compares to our old method which may have required a period of four or more years to reach and process a case". As for me, I have waited for 3 years. What's the difference now?
Anyway, just want to share what I got.
aycy
NJ RIR
PD June 2002
No 45 day letter yet...!
Your inquiry to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Division of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department’s Foreign Labor Certification Program.
As part of our efforts to improve the processing of permanent labor certification applications, the State Workforce Agency or the Regional Office should have sent this application to the ETA Backlog Processing Center. The employer or its representative will know processing of this case has begun when the Center issues a "45-day letter” to the employer or its representative asking if it wishes to continue with the processing of the application. Additionally, the letter will notify the employer or its representative if any information from the application is missing. The employer or its representative will be given 45 days from the date of the letter to respond. If the employer or its representative fails to respond, the application will be closed.
We regret that there is such a large number of backlogged cases and empathize with your situation. However, in the interest of fairness and consistency, applications are processed in the order of their receipt and cannot be expedited based solely on the needs of individual employers or aliens. This avoids inequities that can arise when attempting to determine the relative merits of literally thousands of applications.
ETA has established two Permanent Program Backlog 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. Additional resources were requested from Congress in FY 2005 so that we may continue work on eliminating the backlog. Congress was not able to provide the full amount of funding requested. We estimate with adequate resources, it will take approximately 24-30 months to eliminate the permanent program’s backlog of cases. This new timeframe and consolidated approach to processing favorably compares to our old method which may have required a period of four or more years to reach and process a case.
To further improve the operations of the permanent labor certification program, ETA implemented a new re-engineered permanent labor certification program on March 28, 2005, as published in a final regulation on December 27, 2004. We believe the new program will improve services to our various stakeholders.
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 verificatio that their application is pending at the Center. The e-mail addresses are h1b7yr@dal.fdflc.us for the Dallas Center and h1b7yr@phi.dflc.us. for the Philadlephia Center. Please include all pertinent information (employer name and address, alien Name and address, date of filing, state where filed, and case number if known).
The Center will respond to your request with verification that the application has been pending for 365 days.
I hope that this information is helpful.
Guys,
Some of you might already have received this standard respond.
"However, in the interest of fairness and consistency, applications are processed in the order of their receipt and cannot be expedited based solely on the needs of individual employers or aliens. This avoids inequities that can arise when attempting to determine the relative merits of literally thousands of applications". This part really pissed me off. As you know some of the applicants that filed at a later time have received their labor certification approval.
"This new timeframe and consolidated approach to processing favorably compares to our old method which may have required a period of four or more years to reach and process a case". As for me, I have waited for 3 years. What's the difference now?
Anyway, just want to share what I got.
aycy
NJ RIR
PD June 2002
No 45 day letter yet...!
Your inquiry to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Division of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department’s Foreign Labor Certification Program.
As part of our efforts to improve the processing of permanent labor certification applications, the State Workforce Agency or the Regional Office should have sent this application to the ETA Backlog Processing Center. The employer or its representative will know processing of this case has begun when the Center issues a "45-day letter” to the employer or its representative asking if it wishes to continue with the processing of the application. Additionally, the letter will notify the employer or its representative if any information from the application is missing. The employer or its representative will be given 45 days from the date of the letter to respond. If the employer or its representative fails to respond, the application will be closed.
We regret that there is such a large number of backlogged cases and empathize with your situation. However, in the interest of fairness and consistency, applications are processed in the order of their receipt and cannot be expedited based solely on the needs of individual employers or aliens. This avoids inequities that can arise when attempting to determine the relative merits of literally thousands of applications.
ETA has established two Permanent Program Backlog 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. Additional resources were requested from Congress in FY 2005 so that we may continue work on eliminating the backlog. Congress was not able to provide the full amount of funding requested. We estimate with adequate resources, it will take approximately 24-30 months to eliminate the permanent program’s backlog of cases. This new timeframe and consolidated approach to processing favorably compares to our old method which may have required a period of four or more years to reach and process a case.
To further improve the operations of the permanent labor certification program, ETA implemented a new re-engineered permanent labor certification program on March 28, 2005, as published in a final regulation on December 27, 2004. We believe the new program will improve services to our various stakeholders.
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 verificatio that their application is pending at the Center. The e-mail addresses are h1b7yr@dal.fdflc.us for the Dallas Center and h1b7yr@phi.dflc.us. for the Philadlephia Center. Please include all pertinent information (employer name and address, alien Name and address, date of filing, state where filed, and case number if known).
The Center will respond to your request with verification that the application has been pending for 365 days.
I hope that this information is helpful.