I wrote this draft...open to suggestions... and list of DHS (no use sending it to DOLETA since this is directed to USCIS) to send to..plz add/suggest
______________________________________________________________________________________________________
SUBJECT LINE: Labor Certification approval..is hard copy REQUIRED...please help
Dear Sir/Madam
I write to you in hoping that you will take a few minutes to read this and understand our problem and it's impact on our employment based green card process
As you are aware, USCIS has set a deadline of Aug 17 to submit applications of adjustment of status for the green card. This is an extremely important step for those who are attempting to get permanent residency based on employment. USCIS has also indicated that after this window of opportunity has passed, there will be severe retrogression of years and this opportunity will not present itself again for years.
You may also be aware that in order for EB2 and EB3 category applicants to be eligible to file during this window, they would need their PERM/labor certifications to be approved through Department of Labor. As far as we have been informed, we are also required to have a "hard copy approval notice" of Labor Certification submitted with the I-485 otherwise applications risk being rejected for lack of initial evidence.
You may or may not be aware that there are MANY MANY individuals who are stuck with Atlanta Processing Center for their PERM approvals. PERM applications are processed at either Atlanta or Chicago based on geographic location of employer. When DOL started PERM process (in an effort to minimize the severe backlog with the old system), they claimed that PERM applications would be processed within 45-60 days. However that is not the case with Atlanta Processing Center where applications on average are processed in about 120 days. Chicago is on other hand processing applications in a number of days, in about 7 days or so. Why is this the case? Because Atlanta Center has responsibilities related to H2B processing, which we understand...however it is negatively impacting the pending PERM applications at Atlanta. This is resulting in applicants at Atlanta Center missing out on the window of opportunity presented by USCIS.
Our concern is that even though USCIS has in it's FAQ regarding July visa bulletin said that Labor Applications approved between Aug 1 and 17, are eligible to file for submitting I-485. This helps give hope to many. However as far as our understanding goes, in order to file for I 485, one needs the hard copy of Labor Approval. As you can see for PERM applicants at Atlanta it's already become an unfair situation. For those who do SOMEHOW get approval by Aug 17, it still might be too late as getting the hard copy of approval notice from Atlanta will be another problem.
What are we asking for?
1) Please clarify if HARD copy of PERM approval is needed to submit I-485 or a screen shot/email of approval from DOL is sufficient?
2) Is there any way that USCIS can make an exeception and allow for those applicants who are approved for labor certification (by Aug 17) but do not have actual hard copy yet, to be able to file and have a chance to submit the hard copy approval once DOL sends it to them?
We sincerely hope you will consider this request in at least a way to see the pain being cause to many by delays at Atlanta Processing Center. Due to no fault of their own, applicants at Atlanta will suffer a lot of heartache if they miss out on this USCIS opportunity simply because they did not have the actual hard copy approval of their PERM.
Please please let us know through email or through an update on this issue in your next FAQ 3.
Thank you for your time reading this and we hope that you will understand the heartache that will result for many who are already dealing with despair cause due to slow processing from Atlanta Processing Center. At least give us a chance and some hope...not asking for much...
Thanks again
Sincerely
PERM Applicant at Atlanta Processing Center
_________________________________________________________________________________________________
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