What should an employer do if it is unable to provide documentation in response to a decision or a request for information in a timely manner, i.e., prior to an established deadline, particularly in extenuating circumstances where the deadline is immediate?
Where an employer is required to provide documentation within an established time period and is unable to do so, the employer should request an extension in writing. The regulations permit the Certifying Officer, in his or her discretion, to grant an extension where the employer provides a legitimate reason for the request.
An employer may submit a request in writing outlining the reason for its need for an extension to the Atlanta National Processing Center (NPC) either by:
E-mailing the request to: plc.Atlanta@dol.gov, or
Mailing the request to:
Department of Labor
ATTN: Request for Extension
Employment and Training Administration
Atlanta National Processing Center
Harris Tower, 233 Peachtree Street, Suite 410
Atlanta, Georgia 30303
Extension requests should clearly reference the application number and type of documentation (e.g. audit request, business existence check) and provide as much detail as possible regarding the application in question, including the employer's name and foreign worker's name. Although extension requests are expected to be filed prior to a deadline, the Certifying Officer may accept requests after the deadline in rare circumstances such as when conditions due to extreme weather preclude the employer from timely submitting documents to the Atlanta NPC. If the employer is submitting its extension request after the established deadline, it should outline the need for the extension as well as fully explain the reason(s) for the delay in submitting its request.
In the case of responses to appeals, audits and requests for information, specifically, the timeliness of the employer's response is based on the date it is mailed (and postmarked) and not the date it is received by the Atlanta NPC. Therefore, if the employer's documentation already has been submitted by mail and postmarked on or before the established deadline, an extension request is not necessary.
Please note: Applications for Permanent Employment Certification that are mailed-in are accepted for processing, i.e., filed, when date stamped by the Atlanta NPC. A postmark or other proof of mailing does not serve to establish a filing date.
Add new comment