DOL Backlog Elimination – September 2004 Update Posted Sep 24, 2004 ©MurthyDotCom The American Immigration Lawyers Association (AILA) reported on September 17, 2004 that the labor certifications (LCs) pending at the Dallas and Philadelphia regional Department of Labor (DOL) offices are currently being transferred to the Backlog Reduction Centers in those cities. This is to be distinguished from the Labor Condition Application (LCA), which is only required for H1Bs or temporary work status. The LC is filed when an employer processes permanent residence or the green card for an employee or prospective employee. ©MurthyDotCom Is Backlog Reduction a Reality? ©MurthyDotCom In fact, not only is backlog reduction a reality, but DOL has changed the terminology it is using. Backlog Reduction Centers are now being called Backlog Elimination Centers. The new Directors for these Centers are Steve Stefanko in Philadelphia, PA and John Bartlett in Dallas, TX. ©MurthyDotCom How Does Backlog Elimination Work? ©MurthyDotCom As pending LC cases are transferred, the DOL will send letters to employers / sponsors and their attorneys to give notice that the cases have been transferred to the Backlog Reduction Centers and to request any additional information, including if the employer / sponsor wishes to continue with the LC processing for the employee/s. The employer must send a complete response to each letter within 45 days or the case/s will be closed. ©MurthyDotCom Make the Response Timely and Complete ©MurthyDotCom AILA is working with the DOL to get a reasonable application of this rule so that the DOL, in its desire to eliminate its backlog, does not reject hundreds or thousands of cases due to employers' failures to make timely and full responses, addressing all the issues. It is important for employers to work with knowledgeable and qualified immigration attorneys to respond effectively so that the case/s will be considered viable. © 2004 The Law Office of Sheela Murthy, P.C. All Rights Reserved
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