More AILA Discussions with the

More AILA Discussions with the Department of Labor Regarding PERM and Backlog Elimination Center Issues By: Nicole C. Dillard, Esq. 我们之前有为大家介绍过关于PERM近期的一些信息 (请参考本网站在2月9日发布的文章) ，以下我们会继续谈谈一些PERM与Backlog Elimination Center 的问题。 On February 9, 2006, we reported the American Immigration Lawyer’s Association (AILA) discussion with the Department of Labor and alien labor certification matters. In this article, we highlighted many concerns that employers, alien beneficiaries and attorneys alike were having with their pending labor certification applications, whether they were filed using PERM or the old RIR method. In a newly established bi-weekly telephonic meeting with the Department of Labor Headquarters and the four Center Directors of the National Processing Centers in Atlanta and Chicago and the Backlog Elimination Centers in Dallas and Philadelphia, AILA liaisons and the Department of Labor representatives have finally gotten the discussions going. In this telephone conference, AILA focused on PERM denial issues including lack of activity on motions to reconsider and appeals. They also discussed some evolving issues in denials, specifically those denials for lack of specificity in advertisements, experience gained with the employer and newspapers lacking general circulation. With these concerns, the Department of Labor indicated that it would look into these issues further. As previously discussed in our article, PERM Practice Pointers and Updates from the Department of Labor, we highlighted the need for action to be taken on motions to reopen or appeals. At that time, we reported that Mr. John Beverly, Interim Chief, Division of Foreign Labor Certification of the Department of Labor promised that procedures for processing appeals and motions would be finalized within the next 4-6 weeks. At this time, the Department of Labor promises movement on these pending matters “shortly.” Furthermore, AILA reported earlier of problems with improper case closures for lack of response to the 45-day letters from the Backlog Elimination Centers where the attorney was able to document that a response had indeed been sent. While previously noncommittal on whether or how they would proceed on this type of matter, the Department of Labor now states that in instances where the employer had replied that the alien was no longer employed with the employer but the attorney requested that the case be continued, the case would NOT be reopened. However, the Department of Labor would issue a policy by the end of March with respect to cases that were closed due to non-response to 45 days letters that were never received. The AILA liaison committee was also informed that attorneys should expect to see some response in the next week or so to the extensive lists of cases that have been long pending. Please know that the attorneys at Fan, Fitzpatrick and Thompson, LLP continue to hear your concerns. As such, we aim to keep you informed in matters that are affecting you directly. We will continue to report to you alien labor certification matters (as well as other matters) that affect you most. ______________________________________________________________________________ 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]