Department of Labor--Further Pointers on New H-1B LCA Faxback System
February 22, 2001
Richard Panati of the U.S. Department of Labor has provided AILA with some further pointers on using the new H-1B labor condition application faxback system. A copy of his memo is printed below:
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We thought it might be helpful to advise your members of some commonly made mistakes we've been seeing on the LCAs we've processed in the past week. We've added these to the list of "Tips" we recently sent to you.
1. No G-28s whether LCA is faxed or mailed
2. No cover letters whether LCA is faxed or mailed
3. No 2-sided forms. The computers are designed to read only one side of a page and not the reverse. The new 3-sided form you file will therefore consist of 3 separate pages.
4. No return Federal Express or other priority mail envelopes. Completed LCAs, whether faxed or mailed, will be returned via fax. If you would like the LCA faxed back to you as the employer's legal representative, your fax number - and not the employer's - must appear as the return fax number on page 1 of the new form. There is no place on the new form for the attorney's mailing address.
5. The page link numbers (bottom left of each page) must be identical on all 3 pages. This can be assured if you use the form filler program on our national website each time you file an LCA. That system automatically assigns the same page link number to all 3 pages.
6. Separate applications require separate page link numbers. Page link numbers should never be repeated from application to application. Once again, this can be assured if you use the form filler program on our national website each time you file an LCA. That system automatically assigns the same page link number to all 3 pages.
Common Mistakes
7. Page 1, Sections B and D are often incorrectly filled out. If a wage range is indicated in Section B, then the beginning wage must equal or exceed the prevailing wage listed in Section D.
8. Page 2, Section E is often blank. This section must be completed in the affirmative, eg., *Yes.* The employer must attest that the employer has read & agrees to the Employer Labor Condition Statements.
9. Page 3, Section G is often blank. The employer must indicate whether public disclosure information will be kept at the principal place of business or place of employment. Only one response is acceptable.
Call us on 215-861-5250 if you have questions about this memo. If members would like to discuss a specific LCA determination, they should call 215-861-5556.
Copyright © 2001, American Immigration Lawyers Association
