iCert Glitch Causes LCA and H1B Delays
Posted Aug 14, 2009
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Many U.S. employers nationwide are experiencing problems obtaining labor condition application (LCA) approvals to file H1B petitions under the iCert program. The problem arises when the U.S. Department of Labor (DOL) cannot verify the employer's Federal Employer Identification Number (FEIN). This is occurring even when the employer or attorney has entered the FEIN properly on the LCA.
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Background on the iCert
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MurthyDotCom and MurthyBulletin readers learned of the DOL iCert program, currently in use for obtaining LCAs for H1B filings in earlier articles. On July 17, 2009, iCert in Place for H1B LCAs was published, explaining how the LCA is a necessary part of the H1B petition process. There are currently problems in obtaining LCA approvals, due to the DOL's inability to verify FEINs of some employers. There are no statistics available as to the extent of this problem. As of this writing, and based on our experience and feedback from colleagues, such LCA delays are common.
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DOL's Error Notice Provides Instructions on Employer Documentation
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The DOL has offered a solution. In order to help employers understand how to remedy this problem, the error notice generated due to FEIN problems has been modified. The error notice carries instructions regarding the documentation that the employer must transmit to the DOL's LCA helpdesk. These requests for resolution can be transmitted by eMail, fax, or regular mail to addresses provided in the error notice. The DOL will respond by eMail. According to the DOL, employers should only have to undergo the helpdesk verification process once. This effort should resolve an employer's problem regarding the FEIN for future LCA filings.
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DOL Does Not Provide Timeframes for Addressing FEIN Requests
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The DOL did not indicate any timeframe for addressing the requests for FEIN verification. MurthyDotCom and MurthyBulletin readers were advised previously of the need for advance planning, due to the iCert system's estimated seven-day processing period. The possibility of a FEIN delay adds to this processing time significantly. Based on the experiences of our firm with this problem, the DOL is taking six to eight additional calendar days to resolve the FEIN problem. However, this resolution does not result in an LCA approval. The resolution allows the employer to resubmit the LCA. This resubmission is, once again, subject to the seven day processing time. Thus, our readers are again urged to plan in advance for H1B filings, to the extent possible. H1B petitions can be filed as much as six months in advance of the requested start date. Of course, the ongoing uncertainty in the job market does not always permit such advance planning. By filing earlier, however, it is often possible to avoid last-minute delays.
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Conclusion
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Every new system encounters problems. We hope that the DOL is able to solve this one so that the incidents of wrongful rejections for FEIN numbers is reduced or eliminated. For now, to whatever extent possible, it is safest for employers to be aware of potential delays, and to plan accordingly. We at the Murthy Law Firm will continue to share information with our readers regarding the iCert system and other DOL matters, as it is made available.