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Online Submission Required for H-1B Labor Condition ApplicationsOn December 5, 2005, the Employment and Training Administration (ETA) of the Department of Labor (DOL) released a final rule in the Federal Register (70 FR 72555) amending regulations related to the H-1B program. This rule will become effective on January 4, 2006. According to the related U.S. Law, one employer needs to file labor condition application (LCA) with the Department of Labor before submitting H-1B application to USCIS. By completing and signing the LCA, the employer agrees to several attestations regarding an employer's responsibilities, including the wages, working conditions, and benefits to be provided to the H-1B non-immigration workers. Currently, LCAs can be filed with ETA using one of three methods: online submission, facsimile transmissions, or U.S. mail. Under this latest rule, however, as of January 4, 2006, H-1B labor condition applications will be required to be filed and processed electronically. Only in certain circumstances (e.g. physical disability, lack of Internet access) will mail-in applications be permitted. The rule also notes that no changes will be made to the existing LCA forms (Forms ETA 9035, 9035E, and 9035CP) or to the current electronic filing procedures.(12/15/2005) For more immigration news, please click here |
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