DOL Concern with Abuse of the LC Verification Procedure
Posted Aug 12, 2005
©MurthyDotCom
The U.S. Department of Labor (DOL) labor certification Backlog Elimination Centers (BEC) have an eMail address available for requesting a screenshot of the date a pending labor certification was filed. This system was begun so that pending labor certification cases could be confirmed to establish eligibility for H1B extensions beyond the six-year limit. The system is apparently being abused by those sending requests that are clearly unrelated to H1B extensions. This misuse is causing delays for bona fide H1B extension applicants.
©MurthyDotCom
The Philadelphia BEC reported in July 2005 that they are receiving eMails requesting the case confirmation screen even when the beneficiary is not in H1B status. As a result, the Philadelphia BEC may be delayed in sending the screenshots for legitimate H1B extension cases. The Philadelphia BEC has requested that the eMail address only be used to request screenshots for proof for one-year incremental H1B extensions only.
©MurthyDotCom
We presume that people have been utilizing this eMail address simply to verify that a case has reached the BEC. It is certainly understandable that having cases in an untraceable system creates anxiety and even distrust between employer / employee and client / attorney. There are also times when the filing date and proof of the filing date are vital. This is true in cases filed prior to April 30, 2001, for 245(i) qualification. Thus, people may be seeking the proof of filing for purposes of establishing 245(i) eligibility based upon the labor certification filing. The verification system was established, however, for the limited purpose of H1B extensions while the data is being entered into the system. This restriction should be recognized and respected to help everyone in the long run.
©MurthyDotCom
On a related but separate matter, we at The Law Office of Sheela Murthy suggest that the DOL may wish to consider permitting verification through the eMail address or another system for other genuine purposes for those who need some verification or are anxious about pending cases. Of course, after the DOL issues all the 45-day continuation letters, the need for the eMail address for H1B extensions is eliminated. The excessive demand for eMail verifications is likely delaying the issuance of the 45-day letters and case processing by the BECs, so it is best to cooperate and use the system sparingly for legitimate cases.