DOL’s Extended Delay in Implementing LCA Changes

As explained in our MurthyDotCom NewsBrief, Murthy Takes Action: Comments to DOL on Proposed LCA (21.Sep.2012), the DOL proposed an overhaul of the labor condition application (LCA) contents on July 9, 2012. Based upon legal restrictions as to LCA content, as well as concerns about efficiency, privacy and related issues, we at the Murthy Law Firm disagreed with many of the changes. In the notice and comment process, the DOL is required to review comments and address the issues raised before finalizing any regulation. As a result of the numerous comments in response to proposed LCA changes, it does not appear that the troublesome changes will be implemented anytime soon. This comes as a relief to many of our clients and other readers, as it does to us at the Murthy Law Firm.

DOL Recognizes Need for Additional Steps

In a recent meeting, the DOL was asked about the status of the proposed LCA changes. In response, the DOL confirmed that they are in the process of reviewing and considering the many substantive comments received in response to their proposal. They have a number of additional required steps that must be completed before any changes can be implemented.

After reviewing and considering all the substantive comments, appropriate changes will need to be made to the proposed form. Once complete, the newly revised form will be forwarded to the Office of Management and Budget (OMB) for review. The DOL is then again required to publish the new version of the proposed LCA to undergo another comment period, with a 30-day response time.

If and when these additional steps are complete, in order to implement any form changes, it will be necessary for the DOL to modify the iCert system for online filing. The DOL indicates that completion of all such steps could take around a year or longer.

Conclusion: Value of Comments

The impact of the comments on the LCA proposal clearly demonstrates the value of advocating for proper policy and adherence to the law through the submission of such carefully researched and legally supported comments. We at the Murthy Law Firm felt that it was absolutely necessary to comment on this key issue of importance to our clients.  Clearly, others in the immigration and business world were similarly compelled and, with our joint efforts, the results so far are positive.

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