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[Federal Register: November 29, 2004 (Volume 69, Number 228)]
[Page 69412]
From the Federal Register Online via GPO Access []



Employment and Training Administration

Information Regarding the Relocation of Foreign Labor 
Certification Staff in the Dallas and Philadelphia Regional Offices to 
the Dallas and Philadelphia Backlog Processing Centers and Information 
Regarding H-1B and H-1B1 Case Processing

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.


SUMMARY: The Employment and Training Administration (ETA) of the 
Department of Labor (Department or DOL) is issuing this notice to 
announce that DOL has moved its Foreign Labor Certification field staff 
in the Dallas and Philadelphia Regional Offices to the new Dallas and 
Philadelphia Backlog Processing Centers. This notice provides the 
public in the Dallas and Philadelphia regions with contact information 
regarding these two new processing centers. All foreign labor 
certification processing activities previously conducted in the Dallas 
or Philadelphia Regional Offices will now be assumed by the 
corresponding Dallas or Philadelphia Backlog Processing Center.
    The Backlog Processing Centers shall continue these functions on an 
interim basis and ETA shall publish a Federal Register notice in the 
near future providing guidance as to the handling of backlogged cases 
with the State Workforce Agencies (SWAs).
    Employers should continue, until ETA publishes future guidance on 
this issue, to file applications for H-2B and H-2A, as well as 
applications for permanent labor certification with the appropriate 
SWA, which will, in turn, forward materials to the appropriate Backlog 
Processing Center.
    Effective November 30, 2004, H-1B and H-1B1 filings must use a new 
form, as discussed below.

FOR FURTHER INFORMATION CONTACT: William Carlson, Chief, Division of 
Foreign Labor Certification, Employment and Training Administration, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room C-4312, 
Washington, DC 20210; Telephone: (202) 693-3010 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: The Dallas and Philadelphia Backlog 
Processing Centers partially opened September 27, 2004 and have assumed 
the responsibility for processing Applications for Alien Employment 
Certification (ETA Form 750) for Permanent Employment, and H2-A, and 
H2-B applications previously processed by ETA's Dallas or Philadelphia 
Regional Offices. H-1B and H-1B1 program notice: A new version of the 
form ETA 9035, Labor Condition Application (LCA), will be required, to 
be used as of November 30, 2004 for both H-1B and H-1B1 filings. The 
new form incorporates the distinction between H-1B and H-1B1 Singapore 
and H-1B1 Chile programs, updates OMB approval information, and removes 
the ``Government Use Only'' section. Starting on approximately November 
15, 2004, H-1B and H-1B1 filings using the revised ETA Form 9035 will 
be accepted at the existing Application Processing Center address and 
fax number set forth below. The new form will be available for use on 
the LCA Online Web site ( As of November 30, 

2004, the new ETA Form 9035 must be used by both H-1B and H-1B1 filers, 
and the H-1B1 applications for Singapore and Chile will no longer be 
accepted at the Washington, DC, address previously included in H-1B1 
program instructions.
    The H1-B and H-1B1 address and fax number are: ETA Application 
Processing Center, P.O. Box 13640, Philadelphia, PA 19101, Fax: 800-
    This notice does not affect the pending proposal to streamline 
procedures for permanent labor certification under 20 CFR part 656, 
which was published in the Federal Register on May 6, 2002.
    ADDRESSES: The following new addresses, phone numbers, and fax 
numbers should be used by employers and by State Workforce Agencies for 
either inquiries or for the forwarding of application materials, as 
appropriate. Please note: For all application materials, inquiries, and 
other correspondence sent to either the Dallas or Philadelphia Backlog 
Processing Center, envelopes should be clearly marked according to the 
appropriate program type, i.e., Permanent, H2-A or H2-B.
    Dallas Backlog Processing Center Address: ETA/DFLC Backlog 
Processing Center, U.S. Department of Labor, 700 North Pearl Street, 
Suite 400 N, Dallas, TX 75201, Phone: 214-237-9111, Fax: 214-237-9135.
    Philadelphia Backlog Processing Center Address: ETA/DFLC Backlog 
Processing Center, U.S. Department of Labor, 1 Belmont Avenue, Suite 
200, Bala Cynwyd, PA 19004, Phone: 484-270-1500, Fax: 484-270-1600.

    Signed in Washington, DC, this 19th day of November, 2004.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E4-3352 Filed 11-26-04; 8:45 am]