By: Allen E. Kaye

No Contact from a Backlog Elimination Center

The BECs have sent all 45-Day Center Receipt Notification Letters (CRNL) to employers or their attorneys for cases shipped to the BECs by State and Regional Offices. OFLC recognizes that there may be some employers or their agents that believe they should have an application pending but have still heard nothing and received no information from the appropriate BEC about the application. In order to provide employers with the opportunity to have their case processed while also guarding against potential fraud, OFLC has established specific steps for employers or their attorneys to follow.

Why have I not been contacted by the BEC or received any information about my case?

There are several possible reasons an employer or their attorney might not have heard anything from the BEC about the case. Some examples include, but are not limited to: 1) the State or Regional office may have disposed of the case prior to shipping and the applicant did not receive notification; 2) The State or Regional office may have inadvertently not shipped the case to the BEC; 3) the BEC may have attempted to contact the applicant but the contact information was incorrect; or 4) the BEC inadvertently omitted the case during data entry.

What should I do if I have not been contacted by a BEC at all about my case?

If you have not done so already, send an e-mail request to the No BEC Contact box at nobeccontact@dal.dflc.us for the Dallas BEC or at nobeccontact@phi.dflc.us for the Philadelphia BEC.

The e-mail must contain the following information:

• A. Attorney’s name and address and contact information including e-mail address
• B. Employer’s name and address and contact information including e-mail address
• C. Alien’s name and address
• D. Filing date
• E. State or Regional location filed
• F. Any case identification number associated with the case
• G. A statement that you have not heard from the BEC about your case.
  • Provide as much information as possible about the case.
  • Each e-mail should only discuss one case.

Note: This process is ONLY for cases for which the applicant, or their designated attorney or agent has had no contact from a BEC at all about the case. If you received a 45-day Center Receipt Notification Letter, a case closure letter, or other correspondence from the BEC, you are ineligible for this process. Likewise, if you have a BEC case number (starting with a D- or P- or T-), then you have had contact about the case from the BEC and should not use this process.

Do I have to send my request within a specific time period?

Yes, your request must be e-mailed to the appropriate BEC no later than 30 calendar days after the posting of this announcement on the OFLC website.

What response can I expect from the BEC to my request?

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

What will the BEC do about my case when they receive a request?

• The initial step for the BEC will be to conduct a search to reconfirm that the BEC does not have the case in question.
• If a case is NOT found, an e-mail will be sent to the employer or attorney indicating that the case could not be located and will provide instructions regarding what information the employer should provide. You will be required to send the following information (via regular mail) to the BEC:
  • a. Contact information including e-mail address for the employer or attorney
  • b. Photocopies of documents that reconstruct the application in its entirety, including supporting documentation originally submitted with the application (750A, 750B, G-28, etc.) and any subsequent correspondence between the employer or attorney and the State Workforce Agency (SWA). The employer or attorney should include any other information that may be useful in reconstructing the case.
  • c. Two copies of the application with new signatures from the employer and the alien,
  • d. Whatever proof is available that the application was filed with the SWA (e.g., correspondence from the SWA acknowledging receipt)
  • e. If available, evidence that application was transmitted from SWA to the BEC
• Information should be postmarked within 30 days of being contacted by the BEC about the case
• In the unlikely event the case IS found at the BEC, steps will be taken to move the case into the appropriate stage of processing, and the employer or their attorney will be notified.
  

To whom should I send my case documentation for a case that could NOT be located at the BEC?

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

For Philadelphia BEC:
ATTN: No BEC Contact – Case Documentation
U.S. Department of Labor Employment and Training Administration
1 Belmont Avenue, Suite 200
Bala Cynwyd, PA 19004

For Dallas BEC:
ATTN: No BEC Contact – Case Documentation
U.S. Department of Labor Employment and Training Administration
700 North Pearl St., Suite 400N
Dallas, Texas 75201

How will a decision be made regarding the sufficiency of information for my case after I have sent in the documentation?

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.

What response will I get from the BEC after I send in the documentation for my case that could not be located?

• 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.

Who may make the request regarding a “no contact” case?

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

If I send in the required information about my case, will I have to respond to a Center Receipt Notification Letter (CRNL) indicating that I want to continue?

If the information you provide is sufficient to reconstruct the case, you will not have to respond to a CRNL as the request about the case will be taken as proof of a desire to continue. However, if information is missing that is required to continue processing, you may receive a CRNL with a corrections list of information required to continue processing. You should respond to this letter within the 45-day timeframe.

Should I use the procedure described here if I have already heard from the BEC that my case was closed, or have another question about a case?

No. This process is only for cases about which the employer or their attorney has not heard from the BEC about the case at all. If you believe your case was closed in error due to non-receipt or non-response to a 45-day letter, you should send your request to the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.

If you have another question about a case, it should go to the general information box at info@dal.dflc.us for the Dallas BEC or at info@phi.dflc.us for the Philadelphia BEC.

I’ve already e-mailed a request about a “no contact” case to the “no BEC contact” e-mail address prior to this announcement, but have not heard anything, should I send another request?

No. BECs did not process e-mail to these boxes pending the release of this procedure. You should receive an initial acknowledgement of your request soon, depending on the volume of cases.

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