(7) Submission of a Photocopy of Labor Certification. Ordinary legible copies of documents are generally acceptable; however, you may request that the original of a document be submitted when necessary. The original labor certification must be submitted unless it has already been filed with another petition (a situation commonly encountered when adjudicating a labor certification substitution filing).
(8) Issuance of a Duplicate Labor Certification. If the original labor certification has been lost, DOL will not issue a duplicate labor certification to the petitioner but will issue a duplicate directly to USCIS for Form ETA-750 labor certification applications filed prior to March 28, 2005 and to a Consular officer or an Immigration officer for Form ETA-9089 labor certifications filed on or after March 28, 2005, only after notice is given to USCIS or by the petitioner and upon request by USCIS to DOL.
(9) Duplicate Labor Certification Requests for Labor Certifications Filed Prior to March 28, 2005: DOL will only provide duplicate labor certifications at the written request by USCIS for labor certifications filed prior to March 28, 2005. You should only make the request to DOL if it is in conjunction with an I-140 petition being filed with USCIS where the original labor certification has been irretrievably lost or destroyed. The duplicate labor certification must be retained as part of the record of the Form I-140 petition after it is received from DOL, and should not be forwarded to the petitioner or the petitioner’s representative. (For example, you would not make such a request to DOL if the petitioner’s attorney requested a duplicate labor certification in general correspondence to USCIS, merely because he or she wants a copy for his or her records.) Also, you should be alert to the possibility that the original was not, in fact, lost or destroyed, but rather used on behalf of another alien. If another alien has been substituted on a labor certification that the petitioner claims has been lost or denied, the request for a duplicate labor certification should be denied.
A request for duplicate Form ETA-750 labor certification should be made on USCIS letterhead and should include:
1. Attorney name;
2. Petitioner's name;
3. Beneficiary's name;
4. ETA case number;
5. Priority Date;
6. An annotation reflecting that the case was filed on Form ETA-750;
7. Proper fee, signature and all required supporting documents;
8. A print screen showing that the case has been certified.
9. As a courtesy to DOL, reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. "Case was certified, original approved labor certificate was never received in the mail."
The duplicate labor certification request should be sent to the DOL Backlog Reduction Center with jurisdiction over the location where the beneficiary is to be employed, (either the Philadelphia Processing Center or the Dallas Processing Center.) A list of each processing center’s area of jurisdiction, mailing address, and phone/fax numbers can be accessed at http://atlas.doleta.gov/foreign/contacts.asp.
(10) Duplicate Labor Certification Requests for Labor Certifications Filed on or after March 28, 2005:
DOL will provide duplicate labor certifications at the request of a Consular or Immigration officer, an alien, employer, or an alien’s or employer’s attorney or agent for labor certifications filed on or after March 28, 2005. The written request for a duplicate labor certification must be made to the DOL National Processing Center where the labor certification was issued, (either the Atlanta Processing Center or the Chicago Processing Center), and must include documentary evidence that a visa application or visa petition has been filed, and must include the U.S. Consular Office or USCIS case tracking number that is associated with the visa application or visa petition. DOL will only send the duplicate labor certification to a Consular or Immigration officer, regardless of who makes the request. (See 20 CFR 656.30(e)) A list of each national processing center’s area of jurisdiction, mailing address, and phone/fax numbers can be accessed at
http://atlas.doleta.gov/foreign/contacts.asp.
A request for duplicate Form ETA-9089 labor certification should be made on USCIS letterhead and should include:
1. Attorney name;
2. Petitioner's name;
3. Beneficiary's name;
4. ETA case number;
5. Priority Date;
6. An annotation reflecting that the case was filed on Form ETA-9089;
7. Proper fee, signature and all required supporting documents;
8. A print screen showing that the case has been certified.
9. As a courtesy to DOL, reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. "Case was certified, original approved labor certificate was never received in the mail."
