Backlogs in Processing of LCAs Due to Computer Problems
Posted Nov 16, 1998

It has come to the attention of the Law Office of Sheela Murthy that Regions II, V and IX of the Department of Labor ("DOL") are experiencing major software problems that are impairing their ability to process LCA forms for H1B Petitions in a timely manner.

In particular, we have been advised that, as of October 21, 1998, Region II had not processed any LCAs since September 24, 1998. The American Immigration Lawyers Association (AILA) issued a letter to DOL urging prompt correction of these problems, particularly when the law mandates that the Department of Labor certify the LCA within seven (7) days.

Even though the other regions have not specifically been reported to have major problems, the Law Office of Sheela Murthy has observed that many of the DOL offices do not issue the LCAs on time and often take several weeks (and sometimes several months) to issue LCAs to the detriment and consternation of U.S. employers who are strapped with the acute shortage of skilled workers and could lose valuable contracts worth several thousands and sometimes millions of dollars resulting in financial hardship and sometimes bankruptcy for the small business.

The justification of the DOL for this delay is that they do not have the personnel and other resources to comply with the law requiring that the LCA for H1Bs be certified within 7 days. While we understand their predicament, the paradoxical fact is that if a small company or a start up business were to state that it cannot comply with DOL rules or regulations for the very same reasons, namely insufficient resources or personnel etc., the DOL will not hesitate to impose severe fines and penalties against such an employer for breach of the law!!

The Law Office of Sheela Murthy will provide updates on this situation if any new developments take place.