DOL Guidance on Filing LCA for Mexican TNs
Posted Apr 20, 2000
As of April 2001, the H1B Labor Condition Application (LCA) additional attestions applicable since January 19, 2001, required of certain employers, do not apply to Mexican TN applications, although such employers are required to file the LCA for their prospective Mexican TN professional workers.
While most readers of the MurthyBulletin may be familiar with the LCA form used for H1Bs, many people are not aware that the LCA is also required for Mexican TN professionals. Even though Canada, Mexico and the United States are members of the North American Free Trade Agreement (NAFTA), the immigration law rules for Mexicans are quite different from that for Canadians under NAFTA. Various prior articles have described the 3-page LCA form that has been required for H1Bs since mid-January 2001, containing additional promises that must be agreed to when an employer is "H1B dependent." The term "H1B dependent" is defined in the October 1998 law referred to as ACWIA or the American Competitiveness and Workforce Improvement Act of 1998.
The U.S. Department of Labor (DOL) has now confirmed as of April 10, 2001 that when an H1B dependent employer files an LCA for a Mexican TN it is not necessary to agree to the various additional attestations, since those attestations apply only to H1B cases, not TNs. Dale Ziegler, Chief, Foreign Labor Certification Unit at DOL has suggested putting the notation "not applicable – Mexican TN" on the form in this situation. Please note that the automatic system will not accept the LCA marked in this manner, so it is necessary to mail it in to the DOL's post office box address, with a cover sheet indicating "Mexican TN – Please process by hand." © The Law Office of Sheela Murthy, P.C.
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