Frequently Asked Questions:

What's happening with my application for Alien Employment Certification for Permanent Employment in the United States?
As part of our effort to improve the processing of permanent labor certification applications, Permanent cases from the Regional Offices and the State Workforce Agencies are being transferred to the ETA Backlog Processing Centers. The centers will issue a "45-day letter" to the employer. The letter will ask the employer if it wishes to continue with the processing of the application. Additionally, the letter will inform the employer if any information from the application is missing. The employer will be given 45 days from the date of the letter to respond. If the employer fails to respond, the application will be closed.

Why is my application being processed by a Backlog Processing Center?
ETA has established two (2) Backlog Processing Centers in accordance with an interim final rule we published in the Federal Register on July 21, 2004. The rule allows us to consolidate state and Federal functions of the application review process into centralized locations. We estimate with adequate resources, it will take approximately 24-30 months to eliminate the permanent program's backlog of cases.

Which Backlog Processing Center has my application?
Which Backlog Processing Center has your application depends upon the area of intended employment for the job opportunity identified in the Permanent application.

• Philadelphia Backlog Processing Center
  If the area of intended employment is in the following states or territories, questions should be directed to the Philadelphia Processing Center at the address listed below:

U.S. Department of Labor
Employment and Training Administration
1 Belmont Avenue, Suite 200
Bala Cynwyd, PA 19004
Phone: (484) 270-1500
Fax: (484) 270-1600

• Dallas Backlog Processing Center
  If the area of intended employment is in the following states or territories, questions should be directed to the Dallas Processing Center at the address listed below:

U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201
Phone: (214) 237-9111
Fax: (214) 237-9135

Latest News from the DOL Related to Backlog Processing:

Although the Backlog Elimination Centers (BECs) and ETA regional offices processing labor certification applications do follow First In First Out (FIFO) procedures, a number of factors impact the order in which a case ultimately reaches disposition, relative to other cases in the permanent labor certification process.

In developing the backlog reduction system, the DOL has determined the most efficient approach was to establish two centers, which means applications will be processed in two locations. However, the overall productivity rate for the two centers is approximately the same.

In some cases, applications with an earlier priority date may be processed or reach disposition later than newer applications. Assuming two applications with the same priority date, there are several factors that account for different processing times for some applications. These include the type of application (RIR vs. TR), the stage of processing at which the application was received by the BEC (applications received from the regions have recruitment completed, and so are further along than those received from the states), the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application.

Backlog Processing Time Estimates:

The DOL has stated that it estimates that as of November 2005, “with adequate resources,” it will take “approximately 24-30 months to eliminate the permanent program's backlog of cases”.

However, the Liberty Fund, Inc. vs. Chao, case decision issued on September 30, 2005 states:

“The Department of Labor currently estimates that RIR applications with a priority date between April 1, 2001 and April 1, 2002 will be processed within 12 months, and those with a priority date between April 1, 2002 and April 1, 2003 will be processed within 18 months. First Sierra Decl. 11-12; Second Sierra Decl. 7-8. As of last month -- mid-August 2005 – the Department of Labor was processing RIR applications with priority dates in the 2001 and 2002 time frames, with "most" having priority dates of late April 2001. First Sierra Decl. 9; Second Sierra Decl. 5. These projections indicate that all of the pending applications at issue in this litigation, except for one filed in June 2003, will be processed within 18 months or less.”

Several of our RIR cases filed in 2003 and in 2004 that were then forwarded to the Backlog Center have recently been approved. However, the majority of the cases with 2003 and 2004 and 2005 priority dates are still pending at the backlog center awaiting approval. There does not seem to be a rhyme or reason as to the order in which the cases are being approved.

**If you would like to know more about your RIR or Traditional Labor Certification that is pending with the Backlog Centers, please contact the Heller Immigration Law Group, LLP at 1-800-863-4448, or visit or website at www.hilglaw.com and send us an email.

The information provided throughout the Website is general in nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of Heller Immigration Law Group, LLP, or establish an attorney-client relationship.