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2005

  • Minutes of AILA-DOL Liaison Meeting (11/14/2005)(73 KB - 12/2/2005)
    Discussions with DOL covered 45-day letters and other issues involving the backlog elimination centers as well PERM-related issues, including: mail-in applications, recruitment requirements, prevailing wage issues, processing times, erroneous denials, and more. Also includes a PERM Do's and Don'ts suggestion list from DOL. AILA Doc. No. 05120260.
  • Share Your BEC 45-Day Letter Experiences (11/29/2005)
    AILA's DOL liaison committee is compiling attorneys' recent experiences with erroneous terminations by the Backlog Elimination Center.
  • Blue Labor Certifications (11/7/2005)
    DOL advises that permanent labor certifications will now "have a new look".
  • DOL Explanation of BEC FIFO Procedures (11/3/2005)
    Explanation from the Department of Labor as to the factors that influence the order in which cases at the Backlog Elimination Centers ultimately reach disposition.
  • DOL Advises on Email Contacts (10/19/2005)
    An email from the Dept. of Labor indicates that DOL will no longer be checking the perm.dflc email box. Members are reminded of the email addresses for technical support and program/policy questions for the PERM program.
  • DOL Confirms It Has No Policy Requiring Withdrawal of Pending RIR on filing of PERM (10/17/2005)
    Labor Dept. confirms that it has no policy at the current time to withdraw a pending case at a Backlog Elimination Center when a certification is issued under PERM for the same beneficiary.
  • Labor Certifications from DOL's Denver and San Francisco Regional Offices (10/4/2005)
    DOL informs AILA why some members are receiving labor certifications from the Denver and San Francisco regional offices.
  • Update on DOL Backlog Reduction (9/13/2005)
    Information from AILA's DOL liaison regarding the current state of affairs at Dept. of Labor's Backlog Elimination Centers.
  • Email Addresses for Special Handling Cases at Backlog Elmination Centers (9/12/2005)
    DOL provides email addresses to request that special handling applications be identified for processing at the Backlog Elimination Centers.
  • Pointer from DOL Liaison on Completing Form ETA 9089 (8/29/2005)
    Information from DOL liaison regarding how to handle questions H.6 and J.18 on Form ETA 9089 in certain circumstances, and what is causing some denials on the basis of failure to meet minimum requirements.
  • Advisory from DOL Liaison Committee: Sources for O*Net Job Zone Information (7/19/2005)
    AILA DOL Liaison Committee member Bill Stock has investigated discrepancies between a private publisher's O*Net Dictionary of Occupational Titles and the on-line O*Net. The conclusion is that users should refer only to the official O*net web sites.
  • Minutes from Teleconference with California LMID (7/18/05) (8/11/2005)
    Minutes from the 7/18/05 teleconference between Jeneace O'Brien of the California LMID and AILA's California chapters' liaisons regarding prevailing wage issues.
  • Request from DOL Philadelphia Backlog Center (8/8/2005)
    Steve Stefanko of the DOL's Philadelphia Backlog Elimination Center urges that members limit the use of the email address for H-1B extensions beyond the sixth year to cases involving that issue only.
  • AILA Members' Experience with PERM (7/25/2005)
    Compilation, covering the period 7/11 through 7/22/05, of reports from AILA members of their most recent experiences with PERM. Approvals and audit letters are now arriving (and are described), and reports of denials have dropped off considerably. A number of previously denied applications are now back in process. Some problems remain.
  • DOL Explains "Failed" Existence Check Items on Backlog Processing Center Screen Shots (7/15/2005)
    Labor Dept. explains why some screen shots provided in connection with H-1B extensions beyond the sixth year say "failed" under employer existence. DOL is notifying USCIS of the problem to avoid unwarranted denials.
  • Update on Pre-7/15/05 PERM Denial Notices (Posting amended 7/15/05; 4:15 pm) (7/15/2005)
    DOL has advised AILA that, if you received a denial notice dated earlier than 6/24/05 you can ignore that notice. Either the case is now being processed for full review or there will be another denial notice. If you received a denial notice dated between 6/24/05 and 7/14/05, please check the PERM status screen, as the status may have changed.
  • Update from AILA's DOL Liaison Committee from AILA Annual Conference, June 2005 (7/15/2005)
    Information provided by DOL at AILA's Annual Conference in Salt Lake City included backlog reduction center operational information, contact information for various purposes, backlog reduction center cases closed in error, special handling cases at backlog centers, and questions sent to client companies as part of the sponsorship check.
  • Update on PERM Issues (7/1/2005)
    DOL indicates that there still are problems with the decision logic on PERM. Also, DOL provides information on how the various required time periods are counted.
  • Erroneous Dates on H-1B LCAs (Updated 6/20/05) (6/20/2005)
    Members have reported receiving certified labor condition applications with month-old start dates rather than the current date. DOL has been notified of the problem and is looking into it. Please check your LCAs to make sure the dates are accurate.
  • Labor Certification Update: PERM and Backlog Reduction Centers (6/16/2005)
    Information regarding PERM processing and communicating with DOL Backlog Reduction Centers, including evidence of the filing of labor certification applications for purposes of extending an H-1B beyond six years.
  • DOL Provides Information on Contacting Backlog Reduction Centers (6/7/2005)
    Information on contacting DOL Backlog Elimination Centers (formerly known as Backlog Reduction Centers) by email for various purposes.
  • Obtaining Proof of Filing of Labor Certification Application (5/25/2005)
    Information from DOL on how to obtain proof of filing of a labor certification application from a Backlog Reduction Center for purposes of 7th year H-1B extensions. Information regarding members' experience in this regard is also provided.
  • Update on PERM Approvals, Denials and Audit Letters (5/25/2005)
    Highlights of the discussion on the 5/24 AILA teleconference regarding PERM labor certifications, including the issuance of approvals, information about what kinds of denials have been issued and how DOL is handling erroneous ones, and information about what kinds of audit letters AILA members have received.
  • New DOL Regulation in Process (5/16/2005)
    The Department of Labor has forwarded to OMB for review a proposed rule titled "Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse."
  • Requesting 7th Year H-1B Acknowledgements from Backlog Reduction Centers (5/10/2005)
    Information from Labor Department's Backlog Reduction Centers with respect to requesting confirmation of a labor certification application for purposes of filing for an H-1B extension beyond the sixth year.
  • Minutes of AILA-DOL Liaison Meeting (4/27/05)(130 KB - 5/17/2005)
    Discussions with DOL covered issues relating to PERM implementation and the backlog reduction centers. AILA Doc. No. 05051768.
  • Information from DOL on Some PERM Issues (updated 4/25/05) (4/22/2005)
    Dept. of Labor has provided AILA with some information and pointers on the problems being encountered with "denial" results on the case status system, with registration of employers, and with preparing and filing the application.
  • PERM--What We're Hearing (4/18/2005)
    Information from fellow AILA members about their experience to date with the PERM labor certification program. Some issues have been communicated to DOL, which is still looking into them and has provided some interim response on some issues.
  • Notes from Follow-Up DOL Meeting on Prevailing Wage (3/25/05) (4/7/2005)
    Discussion, following up from liaison meeting, on issues generated by the Labor Department's prevailing wage guidance. Examples of worksheets for how prevailing wages would be calculated for sample positions are provided.
  • Minutes of the AILA-DOL Liaison Meeting (3/17/05)(84 KB - 4/7/2005)
    Discussion with DOL included such issues as re-filing under PERM, recruitment, job orders, prevailing wage, O*net, appeals, audits, and potential filing fees. AILA Doc. No. 05040760
  • Error on DOL Website Regarding Form ETA 9089 (3/28/2005)
    Labor Dept. advises that it had posted a version of Form 9089 on its website the morning of 3/28/05 that omitted the OMB approval information. That version, which has since been corrected, cannot be used for mailed in applications. The error was also picked up on AILA InfoNet, and has since been corrected there as well.
  • Unanswered DOL Questions from Spring Conference? (3/28/2005)
    If you had a question that you do not believe was answered by the Labor Dept. panel at the spring conference, and you would like to pursue it, please email the question to AILA's DOL Liaison Chair Fran Berger at fberger@fcbergerlaw.com.
  • DOL Advises on Postmarks Prior to 3/28/05 for Traditional and RIR Filings (3/22/2005)
    The DOL advises AILA's DOL Liaison Committee that labor certification applications postmarked or sent by overnight courier before 3/28/05 will be accepted by DOL as traditional or RIR pre-PERM filings.
  • NY State DOL Update (3/8/2005)
    AILA's Department of Labor Liaison Committee provides an update from the New York State Department of Labor office, including information on case transfers to the Philadelphia Backlog Reduction Center, 7th year H-1Bs, and prevailing wage requests.
  • DOL Provides Information on Filing of New Labor Certification Form(32 KB - 3/11/2005)
    Discussion in a Labor Dept. focus group in which AILA participated on the new Form ETA 9089 for PERM includes the process for registration for electronic filing, how the process will work, and information about some of the specific questions on the form. AILA Doc. NO. 05031166.
  • Update on the Backlog Reduction Centers (3/7/2005)
    This Q&A provides answers to questions on the backlog reduction efforts, including information regarding processing status at the backlog reduction centers, training, satellite offices, and standards. AILA Doc. No. 05030769.
  • Link to PERM On-Line (3/3/2005)
    Although the site will not be functional until 3/28/05, the URL to the PERM on-line filing system is now designated at http://www.plc.doleta.gov/.
  • DOL Responses to AILA Questions at Mid-Year Conference (2/8/2005)
    AILA's DOL Liaison Committee summarizes responses of Bill Carlson, Chief of the DOL Foreign Labor Certification Division, to questions about PERM and backlog reduction posed at AILA's mid-year conference on 1/21/05 in Los Cabos.
  • Minutes of the 1/5/05 AILA-DOL/ETA Liaison Telephonic Meeting (Corrected version posted 1/24/05) (1/21/2005)
    Discussion with the Labor Dept. included such topics as the operation of the Backlog Reduction Centers, problems with letters from those centers, LCAs, and regional issues. DOL requested that discussions of PERM issues be deferred to a later date.