有關 45-Day Letters 及RIR申請的 Reopen

據勞工部DOL宣布消息，對於那些沒有收到 45-day Backlog Elimination Center letter 所以沒有回複而被 closed 的勞工卡申請，或者已經回複了其 45-day letter 但仍被錯誤 closed 的申請，現在有了補救辦法，即申請人可按照DOL的指示提出 case reopen 的要求。以下為有關信息： DOL announced a remedy-process for employers that did not receive a 45-day Backlog Elimination Center letter and their case was closed, or those that believe their case was closed after a timely and complete response to a 45-day letter. This process is not available for applications closed on grounds unrelated to non-receipt of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative, applications for which the response to the 45-day letter was untimely or insufficient, or cases closed for late or insufficient response to any other correspondence or requests other than a 45 day letter. If you wish to notify the Backlog Elimination Center of the erroneous closing of the case, you should follow these steps: 1 E-mail the BEC where the closed cased was pending, the Dallas BEC at [e-mail] or the Philadelphia BEC at [e-mail]. 2 The subject line of the e-mail should read “Request to Reopen”. 3 Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate. 4 The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case: § Name of employer and correct current address. § Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided. § Correct current contact information for the employer’s attorney or agent (including name, address, and e-mail address). § Name of the alien named on the application. The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly. What can I expect in response to my request to reopen? In response to the email request, the Center will issue a standardized, automated electronic notification that the Center has received the request. The employer will receive a second e-mail informing them of the BEC’s determination to either reopen or close the case. If the employer’s request is approved and the case reopened, this second e-mail will include a screenshot of the employer’s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action. Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the “case status” section will not say “closed”, but rather another phase of the process. How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant? The BEC will treat the employer’s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order. If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then – as with any 45-day letter – the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail. May I contact the BECs by regular mail instead of email? No, the request to re-open a case must come into the centers electronically. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) 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]