Problems in Processing LCA Forms for H1Bs
Posted Mar 03, 2001

As mentioned in previous editions of MurthyBulletin, since January 19, 2001 there has been a new form for the Labor Condition Application (LCA) for H1B Petitions. Until February 5, 2001 the forms could be submitted only by mail. From February 5, 2001, a new "fax-back" system has been in place, similar to that used for the prior LCA form. The new system is experiencing some problems, however, and there are many LCAs that were filed but have not yet been processed.

Many of the problems are connected to the page link number, which is a number that gets typed at the bottom corner of each page. Each LCA is assigned a number, and all pages of a particular LCA must have the same number.

Page Link Number 313775

The LCA form is available as a fillable form that can be downloaded from a DOL website. However, many people have been printing out the form and filling it in by hand. Unfortunately, if one does this, the page link number on the printed form is always 313775. The result of this problem is that DOL has received at least 1500 LCAs with the same number. So instead of being processed quickly by machine, these LCAs have to be reviewed by human beings in an attempt to match the correct pages.

Since it may take an extremely long time to complete that monumental task, the American Immigration Lawyers Association (AILA) strongly suggests that these cases be re-filed, with different numbers. It is fine to whiteout the number and to send it again.

Page Link Numbers That Do Not Match

Another reason an LCA may not yet have come back from DOL could be that the page link number on one page is different from the number on another page, within the same LCA. This problem sometimes occurs when a change needs to be made after the LCA is printed, and the preparer opens a new form. The newly printed page would have a different page number from the other, previously printed pages. The result is that DOL cannot match these pages as belonging to the same LCA. Again, the solution is to change all pages to the same number and re-send the LCA.

Private Vendor Versions of the LCA

Most immigration law offices use forms software to complete immigration forms. Unfortunately, some of the private forms programs have bugs in their versions of the LCA. It is important to check with the vendor to make sure they have confirmed that the form can be processed by DOL. Until private forms software companies clear up these bugs, it is recommended to use the DOL version of the form.

Backlog

Along with the above-described problems, there are various smaller glitches in the system. The combined effect of all the problems is to increase the backlog for all LCAs, including those that have been prepared properly. Of course, we at The Law Office of Sheela Murthy, P.C. have been ensuring that our LCAs are completed and filed correctly. However, given the backlog and various system problems, there are still delays in receiving the certified LCAs from DOL.