Dates Incorrect on Some LCAs
Posted Jul 01, 2005
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On June 20, 2005, some members of the American Immigration Lawyers Association (AILA) noticed that certified Labor Condition Applications (LCAs) filed in connection with H1B petitions had month-old start dates instead of current start dates. LCAs are required in connection with all H1B cases. They should not be confused with the Labor Certification (LC) that is part of the employment-based green card process. The U.S. Department of Labor (DOL) has been notified of the problem, as the LCAs are requested from and approved by the DOL.
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LCAs, which must accompany all H1B petitions, establish the period that an H1B beneficiary can work for a company and the appropriate rate of pay for the position. It is important that the dates on the LCA cover the entire period requested for employment in H1B status. The USCIS cannot approve an H1B petition for dates that are earlier or later than the dates covered by the LCA approval. Employers filing H1B petitions for their employees or prospective employees should check the LCA dates carefully to avoid any potential problems or confusion in obtaining the correct H1B petition validity dates.