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LCA Glitch Information for H-1B Filings

Apr 2, 2007

There have been a number of reports that the Department of Labor's (DOL) Labor Condition Application (LCA) website will not allow a certified LCA to be printed. As of this date, the technical problems have been identified and addressed (AILA InfoNet Doc. No. 07033063 posted March 30, 2007). For those who were unable to print the certified LCA, the DOL suggests submitting a new LCA, printing the new LCA and then withdrawing the previous LCA that could not be printed.

On March 30, 2007, Michael Aytes, Associate Director, Domestic Operations of the USCIS, provided a guidance memo entitled: "Guidance on Accepting H-1B Petitions for the FY 2008 Filing Period with a "screen Print" of a certified Labor Condition Application." It states the following:

"April 2, 2007 is the first date on which USCIS will accept H-1B petitions requesting FY 2008 cap numbers. Today, USCIS has been informed that the Department of Labor (DOL) website through which a Labor Condition Application (LCA) is requested has occassionally been unable to print a copy of the certified LCA after completion of the certifying process. This guidance instructs USCIS officers to accept H-1B petitions filed without a copy of the certified LCA for the FY 2008 cap if the filings are accompanied by screen prints from the DOL website showing that the LCAs were in fact certified on March 30, 2007 (or any other date on which USCIS can verify with DOL that the DOL LCA website malfunctions). The screen print must display the ETA case number, the petitioner EIN, and the employer name. Prior to final adjudication of the petitions, USCIS may require copies of the certified LCAs."

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