Will the Backlog Processing Centers (BPC) maintain separate tracks for a) traditional filings; b) RIR filings; and c) special handling filings? If not, why not?

According to the Labor Department:

The Centers will maintain separate tracks for traditional filings and RIR filings. At this point, all cases identified as special handling will be forwarded to on-site federal staff for processing. As an enhancement to the operating system, we are investigating how these cases can be electronically expedited.

Case Processing

According to the Labor Department:

Only the employer or attorney of record may make the request. A request from an alien will not be addressed.

According to the Labor Department:

Upon receipt of the requested information, BEC staff will review the documentation provided to determine if it sufficient to continue processing the case.

• If Documentation is Sufficient: The case will be opened, a case file created at the BEC, and the case will proceed as normal and processed according to filing date.
• If Documentation is Not Sufficient: The employer will be informed of this decision by e-mail and instructed that they may file under the new PERM system.

According to the Labor Department:

Decisions about whether sufficient information has been provided about the case to continue processing will be made by BEC staff on a case-by-case basis, based on the information provided and the ability of the BEC to adequately reconstruct the case. Therefore, it is to your advantage to locate and send as much of the above-requested information about your case as possible.

According to the Labor Department:

The BEC will send an e-mail to acknowledge your request. Depending on the volume of inquiries, response time may vary.

Public Disclosure System

According to the Labor Department:

No, simply send the request and appropriate documentation to the BEC as described above.

According to the Labor Department:

No, an application converted to RIR processing retains the priority date of the original application. Likewise, if the request for RIR conversion is denied, the case continues processing in the TR queue under the original priority date.

According to the Labor Department:

If the request is granted, the employer or their designated attorney will be notified by e-mail and the application will be moved from the TR processing queue to the RIR processing queue. Applications will continue to be processed by filing date.

According to the Labor Department:

The BECs will process the requests for RIR conversion on a first-come, first-serve basis. Response times to requests will vary depending on the volume of responses. Employers will not receive a confirmation that the request was received.

BECs will review the documentation provided and determine whether the documentation provided is sufficient.

According to the Labor Department:

Send the required information listed above by mail to the appropriate BEC based on where the case was filed. The information should be addressed:

For Philadelphia BEC:
ATTN: RIR Conversion Request & Documentation
U.S. Department of Labor
Employment and Training Administration
1 Belmont Avenue, Suite 200
Bala Cynwyd, PA 19004

For Dallas BEC:
ATTN: RIR Conversion Request & Documentation
U.S. Department of Labor
Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201

According to the Labor Department:

The supporting documentation required for conversion to RIR processing is the same as that required for an application initially filed under the RIR process, with the addition of a written request for conversion. Employers or their attorneys should ensure the request includes:

1. A written request for conversion;
2. Documentation demonstrating that a pattern of recruitment has been established within the six months preceding the date the conversion request is received by the BEC, and that any U.S. workers were rejected solely for lawful, job-related reasons. Documentation must provide a description of the recruitment process used and the results of the recruitment process;
3. Contact information regarding the application including an e-mail address where a reply to the RIR conversion request can be sent.

Extended RIR Conversion Date

Backlog Elimination Centers

EB-5 Successful Cases:  Limited Liability Partnerships investing in U.S. REAL ESTATE 

A "garden variety" direct investment in U.S real estate would NOT qualify for obtaining an EB-5 investor green card because that type of investment is considered a PASSIVE investment, and one of the key requirements of the EB-5 category is that the investment must be an ACTIVE investment, i.e., one which involves directing or managing an active enterprise. However, there have been successful EB-5 cases which involve indirect investments in real estate which get around the active investment requirement through the use of a Limited Liability Partnership.

This webpage reproduces the USCIS "COLOR PHOTOGRAPH SPECIFICATIONS" which define the requirements for photographs to be submitted to the USCIS for Permanent Residency, i.e. "greencard", purposes. Please be sure to check with the USCIS for any changes.

The general rule, commonly known, is that E-1’s, E-2’s, H-1’s, and L’s, who file for Adjustment of Status can continue to work under their previous status prior to obtaining their EAD card under the Adjustment of Status procedure, PROVIDED that they are otherwise maintaining their non-immigrant status (e.g., E-1, E-2, H-1, or L). What is less commonly known is that the position of the USCIS (as stated in an INS Memorandum from 1997) is that this general rule applies to “all nonimmigrants”.

Adjustment of Status is the process of applying for U.S. Permanent Residency ("green card" status) from within the U.S., as opposed to traveling to a U.S. Consulate outside of the U.S. to obtain U.S. Permanent Residency, known as "Consular Processing." Adjustment of Status and its counterpart, Consular Processing, are usually the final step in obtaining U.S. Permanent Residency, i.e., after one's immigrant petition (e.g., I-140, I-130, etc.) has been approved. However, under current procedure,s it may be possible to file an immigrant petition together with an Adjustment of Status application.

On 10/17/06, the U.S. Department of Labor's Board of Alien Labor Certification Appeals (BALCA) issued a ruling in a case, Matter of Custom Landscape Construction, Case No. 2005-INA-181 (10/17/06), in which it addressed the circumstances under which an employer can claim that it actually had MULTIPLE OPENINGS.