Labor Certification

According to the Labor Department:

Please send the appropriate Backlog Processing Center a written request to return the original Form ETA 750 Part A and Part B. Make the appropriate change of address, date and initial the change, and return the Form ETA 750 Part A and Part B to the appropriate Backlog Processing Center. Employers who have already recruited for the position in a labor market are cautioned that a move to a new work location may require a new labor market test.

The message on my Corrections List states that, "Consulate Location is a required entry." The alien is currently in the U.S. and will apply for adjustment here. Why must I enter a consulate location?

According to the Labor Department:

I am the attorney of record for a permanent foreign labor certification case. Our firm has moved and wishes to notify your office of this change. How do I do this?

According to the Labor Department:

The message on my Corrections List states, "Basic Rate Per is a required entry." The amount of pay is included on the application. What's the problem?

According to the Labor Department:

Item 12a/b on Form ETA 750 Part A must include both a rate of pay (in dollars and cents) and a period (hourly, daily, weekly, bi-weekly, monthly, or annually). Please correct, initial, and date your application accordingly and return the application to the appropriate Backlog Processing Center.

According to the Labor Department:

The new employer must submit a copy of the employer's articles of incorporation, business license, state registration, or other official documents that establish the employer as a bona fide business entity and establishes the legal buyout or "successor in interest" position. In addition, a new Form ETA 750 Part A and Part B must be provided to continue the permanent foreign labor certification process.

According to the Labor Department:

No queue will automatically get preference. We plan to allocate resources based on the number of cases in each queue. However, we anticipate that the processing time for RIR cases will be shorter that that for TR cases.

How is the 2 track system going to work, that is the RIR and TR streams?

What resources will be allocated to each?

What is the time period for each?

Will the resources be allocated such that the last TR case and RIR case will be adjudicated together at the end of the 24-30 months?

According to the Labor Department:

At this time we are not able to answer questions which are this specific other than to say that it is our goal to treat RIR and TR cases in an equitable manner.

Will the Backlog Processing Centers (BPC) maintain separate tracks for a) traditional filings; b) RIR filings; and c) special handling filings? If not, why not?

According to the Labor Department:

The Centers will maintain separate tracks for traditional filings and RIR filings. At this point, all cases identified as special handling will be forwarded to on-site federal staff for processing. As an enhancement to the operating system, we are investigating how these cases can be electronically expedited.

Case Processing

According to the Labor Department:

Only the employer or attorney of record may make the request. A request from an alien will not be addressed.