Obtaining Proof of Filing of Labor Certification Application

The United States Department of Labor (DOL) recently provided the American Immigration Lawyers Association (AILA)with guideance on how to obtain documentation from the DOL Backlog Reduction Center that a labor certification application was filed more than 365 days ago. This is a very important issue for individuals currently on H-1B visas who are coming up on completling their six year term on H-1B status as in accordance with the American Competitiveness in The 21st Century Act (AC21), such individuals can extend theier H-1B visas in one year increments beyond the 6 year period provided that they can prove to the United States Citizenship and Immigration Service (USCIS) that they have applied for a labor certification application with the DOL at least 365 days prior to the completion of their sixth year H-1B term.

In order to request the extesion documentation, the employers or their attorneys should provide the backlog processing centers a single request that includes: 1)the name of the employer; 2)the name of the beneficiary; 3) the State in which the application was filed; 4) the approximate filing date; and 5)the State case number, if possible. Once the DOL receives the request, they will obtain information about the priority date and send a letter to the employer or their attorney confrming the priority date and stating the the application is still pending.

Contact Information for the Service Centers is:

Dallas Backlog Pcocessing Center

ETA/DFLC Backlog Processing Center
U.S. Department of Labor
700 North Pearl Street
Suite 400 N
Dallas, TX 75201
Phone: 214-237-9111
Fax: 214-237-9135

Philadelphia Backlog Procesing Center
ETA/DFLC Backlog Processing Center
U.S. Department of Labor
1 Belmont Avenue
Suite 200
Bala Cynwyd, PA 19004
Phone: 484-270-1500
Fax: 484-270-1600

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