Internet Filing of LCAs for H1Bs
Posted Feb 08, 2002

The Labor Condition Application (LCA) was made available for online filing as of January 14, 2002. As many of our MurthyBulletin and MurthyDotCom readers know, the LCA approval is required in order to obtain H1B status. The LCA is filed with the U.S. Department of Labor (DOL) and is an essential part of every H1B case. Please do not confuse the term LCA for the LC, the initials for the Labor Certification, which is part of the process to file and obtain permanent resident status in the U.S.

Under the new system, the LCA is prepared and filed online without an employer signature. The approved LCA must then be printed out and signed by the sponsoring employer. The signed LCA is then submitted as part of the H1B petition package.

The Law Office of Sheela Murthy has recently used the new online filing method. We are happy to report that the result was almost instantaneous LCA approval. However, according to DOL there are not many users as yet. The response time may increase as the new process becomes more popular.

Previously, LCAs were submitted via a "fax-back" system. This fax-back system experienced some problems when it was initiated. The problems appear to have been resolved, with many faxed LCAs receiving approval within a few days. DOL does note that there has been a backlog in the fax-back system recently, due to personnel training on the new online system.

We welcome this new service as it will speed the processing of H1B cases and we applaud DOL for making use of current technology to increase efficiency.