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DOL Document Checklist For Labor Certification

by Sam Udani And Michele Kim

On November 5, 2004, DOL issued Training And Employment Notice No. 11-04 which provides a list of active GALs within the ETA. Since the ETA includes many functions other than labor certification, and since there are other recent DOL pronouncements on labor certification which are not GALs, we provide below a handy checklist of these important documents along with links to the original texts for practitioners.

Active GALs in permanent labor certification cases
These 3 GALs have been the foundation of labor certification practice over the last few years. Attorneys should already be intimately familiar with the contents of these:

GAL 1-97, Measures For Increasing Efficiency In The Permanent Labor Certification Process Advisory Date: 05/11/99 Expiration Date: 9/30/05
GAL 1-00, Availability And Use Of Occupational Employment Statistics Survey Data For Alien Labor Certification Prevailing Wage Purposes Advisory Date: 05/6/00 Expiration Date: 12/31/05
GAL 2-02, Foreign Labor Certification Reduction-in-Recruitment Conversion "Q's & A's" Advisory Date: 11/13/01 Expiration Date: 12/31/05

Important recent documents in labor certification
These 2 documents are the best information currently publicly available on events within DOL immediately prior to PERM issuance. It is critical to read these closely - these two documents will affect practically every pipeline labor cert case in the country over the next 3-6 months. There are some problems, including a contradiction, already apparent with these two documents, and attorneys should be prepared for clarifications to these two documents over the coming weeks and months.

State Workforce Agency Foreign Labor Certification FY 2005 Transitional Guidance Memo Advisory Date: 9/29/04

DOL Memo - Subject: Technical Instructions For Shipping Unprocessed Permanent Foreign Labor Certification Cases From SWAs To Backlog Processing Centers Advisory Date: 12/3/04

Active GALs in H2A cases
Useful for those with practices in this area of immigration law.

GAL 3-01, The Use Of Sheepherders For Vegetation Management Advisory Date: 03/28/01 Expiration Date: 12/31/05
GAL 1-02, Designation Of Centralized Location Within Each State For The Processing Of H-2A Applications Advisory Date: 11/13/01 Expiration Date: 12/31/05

Active GALs in H2B cases
Useful for this increasingly active area in immigration practice.

GAL 1-95, Procedures For H-2B Temporary Labor Certification In Nonagricultural Occupations Advisory Date: 12/11/97 Expiration Date: 12/31/05

Given the fast changing scene in labor certification today, attorneys may want to keep some of the above referenced items handy for reference as they craft a strategy in labor certification cases.

About The Author

Sam Udani and Michele Kim are the publisher and legal editor respectively of Immigration Daily and ILW.COM.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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