They denied my Labor
Certification!
Question: I have been waiting for
years for my labor Certification to be approved and just received a denial.
They stated that I never responded to the 45 day letter to continue with the
case, and therefore, it was denied. However, I never received the 45 day
letter. Is there anything I can do without having to start all over?
Answer: The Office of Foreign Labor
Certification (OFLC) is aware that some employers or their legal
representatives who have received “case closed” letters may not have previously
received a “45-day” Center Receipt Notification Letter (“45-day letter”) from
the Backlog Elimination Center (BEC) processing their respective cases. In
additional instances, cases may have been closed after employers or their
representatives responded timely to a 45-day letter.
In the backlog, once the vital information in
an application is fully entered into the OFLC database, a 45-day letter is the
precursor to further processing of that application; the letter functions both
as notice to the employer that its application has come up for full processing
in the queue, and as a request for confirmation from the employer or its
representative that the employer wishes to continue with the case. In cases
where the letter attaches a list of corrections or deficiencies in the
application, an employer must correct or address these before processing can
continue. When a BEC does not receive a response to its 45-day letter, or this
response is incomplete in responding to corrections, it closes the case.
Question: What should I do if I received a
“case closed” letter but no 45-day Center Receipt Notification Letter? What if
I responded timely to a 45-day letter but my case was subsequently closed? How
can I notify the
Answer: Employers who believe one or more of
their cases has been closed for reasons covered by this FAQ, and who wish to
request those cases be reopened, must take the following steps: E-mail 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.
The subject line of the e-mail should read “Request to Reopen”. Limit each
e-mail request to one application or case number; the nature of the process
developed to respond to these requests limits to one the case numbers that can
be addressed as a result of any inquiry. Employers with requests for multiple
reopenings may submit as many e-mails as appropriate.
The body of the e-mail must include the
following information, to allow the BEC to locate, reopen, and prepare to
resume processing the appropriate case: Name of employer and correct current
address. Correct ETA case number, not a case number from a state workforce
agency; alternatively, the e-mail should explain why an ETA case number cannot
be provided. Correct current contact information for the employer’s attorney or
agent (including name, address, and e-mail address). Name of the alien named on
the application. The body of the e-mail must describe the reason(s) for the
request, that is, why the employer believes the case was closed improperly.
Question: What can I expect in response to my
request to reopen?
Answer: Upon each Center’s receipt of the
employer or representative’s e-mail request, the Center will issue a
standardized, automated electronic notification that the Center has received
the request. Response time will vary, depending on volume of requests received
through this electronic mailbox. The employer will receive a second e-mail
informing them of the BEC’s determination to either reopen the case or keep the
case closed. If the employer’s request is approved and the case reopened, this
second e-mail will include a screenshot of the employer’s case reflecting the
case is active. If an application is incomplete, the second e-mail will also
include the 45-day letter originally sent to the employer and a corrections list.
Employers and their representatives will not be receiving a separate 45-day
letter or corrections letter by mail, and should treat these documents as
requests for action.
Question: May I contact the BECs by regular
mail instead of email?
Answer: No, the request to re-open a case
must come into the centers electronically.
Question: Who may make the request to re-open
a case if we believe it was improperly closed?
Answer: Only the employer or attorney of
record may make the request to re-open a case. A request from an alien will not
be addressed.
Question: Do I have to submit my request to
re-open a case within a certain time period?
Answer: Yes, to be considered for reopening,
all requests must be received by a BEC within 30 days of the publication of the
policy announcement or within 30-days of the receipt of a case closed letter,
whichever is later.
Question: What do I do if I have not received
a “45-day” letter by July 21, 2006?
Answer: If an employer does not receive a
“45-day” letter by July 21, 2006, email the appropriate
=========================================================