July 2005 DOL Update : Locations for Filing
Posted Jul 29, 2005
©MurthyDotCom
The U.S. Department of Labor (DOL) issued a Notice in the Federal Register on July 19, 2005, that indicates where each type of case handled by the DOL should be filed and where it will be forwarded, if applicable. This important information has been summarized for the benefit of our MurthyDotCom and MurthyBulletin readers.
©MurthyDotCom
Locations for Filing
©MurthyDotCom
PERM Cases  Generally, cases will be filed online and processed at the correct National Processing Center (NPC). For those who wish to send a case by mail, if the area of intended employment is in Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin, Wyoming, or Guam, the PERM application should be filed with the DOL Chicago NPC. [The states that are designated as under the purview of the Chicago NPC are the same states whose pre-PERM labor certification cases had been sent to the Dallas Backlog Elimination Center (BEC).]
©MurthyDotCom
If the area of intended employment is in Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands, the PERM application should be filed with the Atlanta NPC. [The states that are designated as Atlanta NPC states are the same states that sent their pre-PERM labor certification cases to the Philadelphia BEC.]
©MurthyDotCom
Online processing is preferable to paper filing. The DOL has stated that the expedited PERM processing times are for online filings and cannot be assured for paper filings.
©MurthyDotCom
Proof of Labor Certification Filing for H1B One-Year Extensions  If the pre-PERM labor certification case is at the Dallas BEC, requests for screen shots can be sent to h1b7yr@dal.dflc.us. If the pre-PERM labor certification case is at the Philadelphia BEC, requests for screen shots can be sent to h1b7yr@phi.dflc.us. The USCIS has indicated that the screen shot will suffice as evidence of eligibility for a 7th-year extension.
©MurthyDotCom
Filing for Professional Team Sports  PERM and pre-PERM applications for professional team sports are sent to the Employment and Training Administration's (ETA's) national office in Washington D.C.
©MurthyDotCom
H1B and H1B1 Labor Condition Applications (LCAs)  These are generally submitted online. Until otherwise indicated, the DOL will also continue to accept faxed applications at the ETA Application Processing Center in Philadelphia.
©MurthyDotCom
E-3 LCAs for Australian Specialty Occupation Workers  These must have the notation "E-3 – Australia – to be processed" at the top of each page and be mailed to the national office in Washington, DC.
©MurthyDotCom
H2A Labor Certification Applications  For cases filed through July 31, 2005, cases should be filed simultaneously with the State Workforce Agency (SWA) in the area of intended employment and to one of the following: the Chicago NPC, if in the former Chicago region; the Dallas NPC, if in the former Dallas region; the San Francisco / Seattle Regional office, if in that region; the Atlanta NPC, if in the former Atlanta region; or the Boston / New York Regional Offices, if in that region.
©MurthyDotCom
Cases filed on August 1, 2005, or later, should be filed simultaneously with the SWA in the area of intended employment and to one of the following: the Chicago NPC, if the case would have previously gone to San Francisco, Seattle, Denver, Dallas, or Chicago; or the Atlanta NPC, if the case would have previously gone to Boston, New York, Philadelphia, or Atlanta.
©MurthyDotCom
H2B LCAs  Cases are filed with the SWAs that will forward the processed cases to the NPCs. States are divided between the NPCs in the same manner as for PERM.
©MurthyDotCom
H2B LCAs for Professional Team Sports and Emergency Boilermakers  These cases for Professional Team Sports and Emergency Boilermakers should be sent to the ETA National Office.
©MurthyDotCom
H2B LCAs for Persons in the Entertainment Industry  State Offices Specializing in Entertainment (OSEs) receive cases for persons in the entertainment industry and forward them to the Chicago NPC.
©MurthyDotCom
H2B LCAs for the Logging Industry  These H2B LCAs for the Logging Industry are filed with the appropriate SWAs in Maine, New York, New Hampshire, and Vermont. The SWAs will forward the processed applications to the Atlanta NPC.
©MurthyDotCom
Conclusion
©MurthyDotCom
With the benefit of this valuable information from DOL, MurthyDotCom and MurthyBulletin readers should be able to file H1B or H2B LCAs, PERM cases and other labor-related filings at the proper venue and avoid rejections for failing to follow the regulations. We at The Law Office of Sheela Murthy appreciate the clarification from DOL on jurisdictions for filing specific types of cases.