The Dept. of Labor had told the American Immigration Lawyers Association (AILA) that it would issue a policy by the end of March with respect to labor certification applications that were closed for failure to reply to a 45-day letter. As background, application for alien employment certification filed under the old system (pre-PERM) are being sent a letter in which the employer (or the attorney of record) needs to indicate whether or not the labor certification should be continued or withdrawn. An answer to this letter needs to be given within 45 days (without extensions). It appears, however, that some cases may have been closed out in error.
Becuase no policy concerning these cases have appeared to date, the American Immigration Law Foundation's Legal Action Center (LAC) is proceeding with preparation of a lawsuit. The LAC had previously called for plaintiffs. Please contact AILF if your labor certification application was erroneously closed out becuase the 45-day letter was never received or because the letter was replied to but the case was closed anyway. The website is http://www.ailf.org You may also send us an e-mail to Eve@knowyourvisa.com and we will forward it to the appropriate parties.
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