Chief, Division of Foreign Labor Certification

SUBJECT: Temporary Waiver of Deadlines/Extensions

Tuesday’s horrific events in New York and Washington, D.C. impacted the day-to-day operations of business and government in numerous ways. Particular to foreign labor certification activities has been the impact on mail delivery. A recent article in the Washington Post noted that 20% of the U.S. Post Office’s mail and a significantly greater amount of private express mail are transported by air. The shutdown of all U.S. airports has resulted in significant delays in the movement of mail across the United States.

Recent reports indicate that it will be days, if not weeks, until mail delivery returns to normal. Therefore, I believe that it is appropriate for the National and Regional Offices, and States to temporarily waive all statutory and regulatory due dates for the period between September 11, 2001 and September 25, 2001 for rebuttals, remands, 45-day letters and etc. to recognize the disruption in mail service. Specifically, anything with a due date during this period should be considered timely if received by October 1, 2001. Additionally, during this period we should also waive our longstanding policy to not grant 2nd extensions.

Finally, there were numerous law offices located in the WTC and other buildings in the immediate area that have sustained significant or total damage, including the loss of case files, etc. We will work with AILA, ACIP and other similar organizations to develop a method for identifying these firms and will waive due dates on a case by case.

Should you have any questions, please contact me.