August 04, 2008 - The Department of Labor (DOL) announced in its July 15, 2008 Stakeholders Meeting that the agency intends to increase scrutiny of LCAs filed by employers in connection with H-1B petitions, thus significantly increasing processing times.

The DOL requires all employers intending to employ an H-1B nonimmigrant worker to file an LCA with the DOL Employment and Training Administration (ETA). The certified LCA must be submitted with a petition for an H-1B nonimmigrant worker filed with Citizenship and Immigration Services (CIS).

Currently, the LCA can be certified on the DOL’s website almost instantaneously. With DOL’s increased scrutiny, the online LCA certification system will likely change to a multiple-day process for certification of many LCAs. Notably, the regulations permit the DOL 7 days to issue a LCA certification. The DOL has indicated that when an employer or attorney uses an alternate wage survey other than the Occupational Employment Statistics (OES) survey to prove the prevailing wage, the certification process could take the full seven days or longer. Additionally, the DOL will be issuing a new LCA form in conjunction with its increased scrutiny.

BAL Comment: The DOL expects to implement its new LCA review system as early as this fall and no later than January 2009. Companies need to be aware that this new system will make it difficult for attorneys to file last minute H-1B petitions. Employees and companies need to work with their BAL attorney well ahead of an H-1B expiration date to ensure that the required LCA can be timely certified. Likewise, companies wishing to bring new hires on board need to contact their BAL attorney immediately after making an offer so that the new LCA certification delays will not unnecessarily delay the desired start date.