DOL Announces New Process to Reopen Erroneously Closed Cases
Posted Jul 21, 2006
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The U.S. Department of Labor (DOL) issued FAQs on July 10, 2006, on how to reopen certain wrongly-closed labor certification cases at the Backlog Processing Centers (BPCs). The FAQs address cases that were closed due to problems with the 45-day continuation letter process. This includes cases that were closed because employers did not receive the 45-day letters, and therefore could not respond, as well as those for which the employers properly responded to the 45-day letter, but the cases were wrongly closed by the DOL for non-response. This also includes cases for which employers already responded to closure letters, but have not received responses from the DOL.
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eMail Procedure for DOL to Reopen Closed Cases
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To reopen either type of wrongly-closed case, an employer or the employer's attorney must eMail the BPC that closed the case. [Send eMails to reopenrequest@dal.dflc.us for Dallas BPC cases, or to reopenrequest@phi.dflc.us for Philadelphia BPC cases]. The eMail must carry the subject line, Request to Reopen, and must include in the body text (a) the name and correct current address of employer, (b) the correct ETA case number or explanation as to why the ETA case number is not available, (c) correct current contact information for the employer's attorney, (d) name of the beneficiary on the application, (e) and the reason the employer believes the case was closed improperly.
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The reason for closure should be simple, as in the following examples:

"I am the employer / attorney on the application described herein. I did not receive a 45-day letter, but subsequently received a case closure letter."; or

"I am the employer / attorney on the application described herein. I received neither a 45-day letter nor a case closure letter, but the H1B mailbox indicates my case has been closed."; or

"I am the employer / attorney on the application described herein. I have received and responded timely to a 45-day letter, but subsequently received a case closure letter."

Each eMail Should Only Address One Case
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It is not recommended that a single eMail be sent attempting to resolve several cases. Even if an employer has multiple closed cases, each should be addressed in a separate eMail. Neither should these BPC eMail addresses be used for any other matters. Misuse of the eMail address will only cause delays in processing requests to reopen. This is also not likely to result in the resolution of any other type of issue. A foreign national beneficiary cannot send a request to reopen his/her case, since the labor certification is filed by the employer. A request to reopen must come from the employer or the employer's attorney.
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DOL to Confirm Case Acceptance or Send Request for More Information

When a BPC receives a proper inquiry, the BPC will send the attorney or employer a standardized, automatic eMail confirming that the BPC received the request. If the request is accepted and the case is reopened, the BPC will send an eMail that the case has been reopened, along with a screenshot. The original eMail from the attorney or employer will be treated as the response to the 45-day letter for the case. If additional information is needed, the BPC will send a copy of the 45-day letter and corrections list to the individual who sent the eMail. The employer or attorney must respond to this letter and list via hard copy through the mail, rather than by eMail.
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Deadline to Reopen Closed Cases
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A timely request to reopen a closed case must be filed by an employer or attorney within 30 days of July 10, 2006, or within 30 days of receiving notice that a case has been closed, whichever is later.
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DOL to Issue all 45-Day Letters by July 21, 2006
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The DOL has advised that all 45-day letters will be issued by July 21, 2006. Special instructions for those cases that do not receive letters by that time are described in our July 21, 2006 article, All 45-Day Letters to be Received by July 21, 2006, #3 in today's MurthyBulletin.
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Conclusion
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We at the Murthy Law Firm appreciate the DOL's efforts towards addressing this serious, persistent problem. There are a significant number of cases that have been closed as a result of this error on the part of the DOL in the 45-day process. Successfully having these cases reopened has been difficult and time consuming. We hope that the new procedures are much smoother and that the BPCs can start focusing more of their efforts on case adjudication and less on procedural matters, like 45-day letter issues that can be disconcerting and troubling for employers and their employees.