As of January 19, 2001, New Version of LCA Required for H1Bs Posted Jan 01, 2001 As MurthyBulletin readers familiar with the H1B process are aware, it is necessary to first submit a form known as a Labor Condition Application (LCA) to the Department of Labor (DOL) when filing for an H1B worker. DOL certifies the LCA form and returns it to the employer or attorney who sent it, and a copy of the certified LCA form is then enclosed with the H1B package for INS. Note that although people tend to confuse the term LCA and LC, the two are very distinct, in the sense the LCA is used in filing an H1B Petition, while the LC is the abbreviation for Labor Certification which is one of the steps towards filing for permanent residency or the Green Card in certain employer sponsored cases. Based on the regulation issued on December 20, 2000, DOL has announced that both the currently used version of the LCA, a two-page form which is completed electronically; and the old one-page version which is no longer widely used but currently still legally acceptable; will no longer be accepted from January 19, 2001. Instead, there will be a new, three-page, version. As with the two-page LCA, the three-page version can be downloaded and completed on the computer from a DOL website as an "Acrobat Reader" (PDF) file. Automated processing of the new LCA will not begin until February 5, 2001. This automated method is apparently similar to the current fax-back system whereby the form is faxed, read by machine and then returned by fax. In order to file an LCA during the interim period of January 19 through February 4, 2001, it will be necessary instead to mail the new three-page form to the regional DOL office (the same locations where the old one-page form was sent, and where Labor Certification Applications for Green Card cases are still processed) or to the following P.O. box address : ETA-H1B, P.O. Box 13640, Philadelphia, PA, 19101. Since LCAs submitted by mail during this interim period could pose a significant burden for DOL, the DOL advises employers and attorneys to just wait until February 5, 2001 and then file the new LCA by fax to (800) 397-0478. The DOL will be using this time to make changes to its system, in preparation for accepting the new form of the LCA. © The Law Office of Sheela Murthy, P.C.
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