iCert's Employer Tax ID Requirement Causing H1B Delays Posted Sep 18, 2009 ©MurthyDotCom MurthyDotCom and MurthyBulletin readers have been advised of ongoing problems resulting from the iCert system for Labor Condition Applications (LCA). The LCA is needed in order for an employer to file an H1B petition. The iCert system is plagued by a glitch that is wreaking havoc. The system denies the LCA if the employer's Federal Employment Identification Number (FEIN) cannot be verified by the U.S. Department of Labor (DOL). In these cases, the employer is required to provide verification of the FEIN, and may only use certain specified documents for this purpose. ©MurthyDotCom LCA Denials Due to Employer FEINs ©MurthyDotCom LCA denials due to the DOL's inability to verify the employer's FEIN number are extremely common. This problem is within the iCert system, as denials are issued even when the FEIN is valid and properly provided on the LCA. ©MurthyDotCom DOL's Solution to Submit Evidence of the FEIN ©MurthyDotCom The DOL has attempted to solve this problem by setting up systems for sending verification of the FEIN. This was reported in our August 14, 2009 MurthyBulletin article, iCert Glitch Causes LCA and H1B Delays, available on MurthyDotCom. The problem is that the employer needs to provide proof of the FEIN number through a specified list of documents. Sometimes employers do not have these documents immediately at hand, and this creates further delays. ©MurthyDotCom Acceptable FEIN Documentation : Locate Them in Advance! ©MurthyDotCom The acceptable proof of the FEIN number is limited, essentially, to official documentation bearing the FEIN. This includes: IRS documentation assigning the FEIN, preprinted tax coupons or tax returns with a preprinted label, bank documents with the FEIN, and other official or government documents showing the FEIN. One suggestion to employers who are filing LCAs, or may need to do so in the near future, is that they locate the acceptable tax documents and have them available if and when needed by the DOL. ©MurthyDotCom Conclusion ©MurthyDotCom The problems described here continue to be prevalent. Employers need to plan ahead for their H1B filings in anticipation of LCA delays. They need to have the proof of the FEIN number, described above, so that it can be submitted quickly if requested or required, and further delays can be minimized. We at the Murthy Law Firm do hope that this problem will be fixed in the near future, and that LCAs can be processed in a prompt and reliable fashion, since the ability of H1B employees to work legally in the United States and for the employer to use the H1B workers' services are dependent upon the timely filing of H1B petitions and extensions. Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm or establish an attorney-client relationship. Copyright : Documents from this site may be printed for personal use as long as the copyright notices are included on the print-outs and the documents are not modified or altered.