TNs and LCA Processing
Posted May 02, 2003

The TN visa (Trade NAFTA) requires the filing of a Labor Condition Application (LCA) for Mexican nationals. However, the DOL online LCA system is only available to H1B petitioners. The TN is a nonimmigrant visa available to certain categories of professionals under the North American Free Trade Agreement (NAFTA). TN visas are only available to citizens of Mexico and Canada. Canadian nationals are exempt from the LCA requirement. A Mexican national seeking the TN visa must file the LCA via mail to the LCA Processing Center in Philadelphia, PA.

As regular readers of MurthyDotCom and the MurthyBulletin will recall, part of the H1B process requires that one obtain approval of the LCA through the U.S. Department of Labor (DOL). To expedite processing, the DOL implemented an online LCA system in January 2002. This system virtually instantaneously approves or rejects the LCA based on the information entered. We have found that this system works quite well, as it avoids delays experienced in the past. Although many people confuse them, this LCA for H1Bs is different from the Labor Certification or LC processing for the "green card."

In the past there were problems with the processing of LCAs by mail and a system known as "fax back." Nevertheless, the DOL recently reaffirmed its commitment to efficiently process LCAs sent by mail. In a recent communication between The Law Office of Sheela Murthy and Dale Ziegler, Chief of the Division of Foreign Labor Certification at the DOL, Mr. Ziegler confirmed that the time required for LCA processing at the center in Philadelphia is one day. Mr. Ziegler instructed, a fax number should be provided on the form and a note included reminding the DOL agent that the LCA certification should be faxed back within one business day of receipt.

At The Law Office of Sheela Murthy we are committed to robust and open communication with all of the government agencies involved in the immigration process. We will continue to encourage the use of more efficient online systems, such as the DOL’s LCA online filing. We will continue to update our readers on the latest technologies, as they are implemented to increase processing speed.