DOL Reiterates "No Expedite" Policy for Labor Certifications

Memorandum

TO: Center Directors
Certifying Officers
National Office Foreign Labor Certification Staff

FROM : Bill Carlson [s]
Chief, Division of Foreign Labor Certification

SUBJECT Expedite Policy

DATE September 21, 2004

1. Purpose. To reiterate existing National Office policy when responding to requests from employers to expedite certain cases.

2. Background. It has come to our attention that, although it has been historically the policy of the National Office not to expedite cases and this policy is generally followed, some offices have not observed this policy in circumstances which they believed to be meritorious. Moreover, it is unlikely the standards used in making exceptions to the "no-expedite" policy are consistent from office to office.

3. Procedural Guidance. Requests are frequently received from employers to take applications for permanent labor certification out of date order and process them on an expedited basis so a certification will be issued, for example, to prevent a child from "aging out", to enable a child to remain in the United States to receive needed medical treatment, to prevent the alien beneficiary from being deported, or to obtain a home care attendant to care for a terminally ill parent.

Such requests must be uniformly denied. It is National Office policy that all applications for alien employment certification for permanent employment in the United States are to be processed in the order they are received, i.e., filing date.

However, it is consistent with National Office policy to establish queues for processing applications, such as for traditional applications, reduction in recruitment applications, and cases designated for limited review processing. All applications within a queue are to be processed in the order of the filing date on the application.

4. Action Required. Center Directors and Certifying Officers are requested to:

a. Provide the procedural guidance provided herein to appropriate staff, including State Workforce Agency staff.
b. Instruct staff to follow the procedural guidance provided in this memorandum when responding to requests to take permanent labor certification applications out of date order and process them on an expedited basis.

5. Effective Date. Immediate.

6. Inquiries. Any questions regarding this memorandum may be directed to Denis Gruskin on 202-693-2953.