CSC Pilot for Faxing RFEs on H1Bs Lacking Certified LCAs
Posted Apr 13, 2001

As mentioned in previous issues of the MurthyBulletin, most recently in INS Still Permitting H1B Filings with Uncertified LCA of the EXTRA Edition on March 23, 2000, INS is continuing to allow H1B filings with uncertified LCAs. We have published many articles indicating that the U.S. Department of Labor (DOL) is taking 3 to 4 weeks and sometimes longer, to process the LCAs, even though federal law requires that the DOL process LCAs within 7 days. Particularly in situations when it is critical to file the H1B petition as soon as possible, such as when the beneficiary's status is about to expire, the long DOL processing time can cause serious hardship. Therefore, according to INS, it is possible to file the H1B petition with proof of filing the LCA, rather than having to wait for DOL to certify the LCA. INS will then issue a Request for Evidence (RFE) for the LCA, and whatever other information may be needed.

As of Wednesday, March 28, 2001, CSC started a pilot program to issue the RFE by fax to the attorney in a situation when the LCA is the only item the INS needs to request. The attorney has 72 hours to fax the certified LCA to CSC in response to the RFE. If the LCA is received within that time, the case can be decided promptly. However, if for whatever reason it is not possible to provide the LCA within that time, the CSC will mail a standard RFE to the attorney. Standard RFEs generally have a 12-week deadline.

This fax method is very helpful. The Texas and Nebraska Service Centers have been using the fax method for quite some time for "LCA only" RFEs and other, very simple requests. The turn-around time, once the response is sent, tends to be much faster than on regular, mailed-in responses to standard RFEs.