iCert in Place for H1B LCAs
Posted Jul 17, 2009
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MurthyDotCom and MurthyBulletin readers are reminded that, as of July 1, 2009, the system for obtaining H1B labor condition applications (LCAs) has changed. This change alters timing considerations for H1B filings, as currently every H1B petition must be supported by an approved or certified LCA. More information on iCert can be found in our February 20, 2009 article, New DOL System iCert for LCAs, and our May 13, 2009 NewsFlash, Old LCA System Remains Available until June 30, 2009- iCert Delay. Following are some experiences the Murthy Law Firm has had with the new iCert system, for the benefit of our readers.
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LCA Certification Processing up to Seven Days
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Under the regulations, the U.S. Department of Labor (DOL) has seven days to certify the LCA after filing. Our experience with the iCert LCA system indicates that, as of the time of this writing, the DOL is meeting this processing goal. We have found that the LCAs are being approved within approximately four to five days in most cases. The LCA is not to be confused with the much slower labor certification (LC) portion of the green card application process, also filed with the DOL.
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Readers are reminded that the longer processing time for H1B LCAs is yet another reason not to wait until the last minute to file H1B petitions. The LCA approval is needed in order to file the H1B petition.
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LCA Form Alert System Good - But Not Perfect
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The iCert system uses a revised LCA form. The questions must be completed in a specific manner. The system has alerts to advise the preparer of various issues with the submission, so that revisions can be made prior to filing. This alert system addresses a wide range of details on the form, but does not cover each and every peculiarity of the system. Thus, it is potentially possible, at this point, for a form to be accepted for filing, only to be rejected a few days later for a clerical problem. This should be resolved over time; with preparers learning the DOL's preferred wording and the addition of more alert triggers.
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DOL Communications upon LCA Receipt and Approval

The iCert system provides eMail notification to the attorney and employer upon the filing of the application, as well as upon the certification of the LCA. Thus, there is more communication from the DOL.
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Conclusion
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Given the addition of at least a few days in processing the H1B LCA, advance planning is important. Time for this is often a luxury, however, particularly in instances of layoffs and new employment. Important changes in immigration law and current procedures will continue to be made available to our MurthyDotCom and MurthyBulletin readers.