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March 11, 2006

Suggested Procedure for Requesting Duplicate Approved Labor Certification for I-140 Filing

The AILA-Service Center Operations Liaison committee proposed procedures to USCIS to request a duplicate approved labor certification from the DOL for I-140 filings, drawing upon information obtained through the AILA-DOL Liaison committee. The office of Service Center Operations concurred with the following recommendations: Members are instructed to include on the top of the I-140 a cover sheet (preferably highlighted with colored paper) stating the following: LOST OR MISPLACED LABOR CERTIFICATION, REQUEST FOR DUPLICATE, DO NOT REJECT On the same sheet, the following information should also be included: 1. Attorney name; 2. Petitioner's name; 3. Beneficiary's name; 4. ETA case number; 5. Priority Date; 6. Whether the case was filed on ETA-750 or on ETA-9089; 7. A print screen showing that the case has been certified. 8. Provide the reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. "Case was certified, original approved labor certificate was never received in the mail." * * * * * * * * * * SPECIAL NOTE REGARDING CONCURRENT FILING AND THIS PROCEDURE Notably, USCIS cannot establish a firm priority date until the duplicate approved labor certification is received from DOL. Therefore, concurrent filing is not permissible if one is filing under this procedure. Additionally, if members do file concurrently with one filing check, USCIS has instructed the Service Centers to reject both the I-140 petition and the I-485 application. If separate checks accompany each, only the I-485 will be rejected.

Posted by VisaLawyer at March 11, 2006 09:22 AM

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