January 23, 2002

DOL’S New Web Based Certification of Labor Condition Applications

In December 2001, the Department of Labor (DOL) issued a final rule establishing electronic filing of Labor Condition Applications (LCA). The program is now up and running. GT is now using the electronic filing system and receiving certifications within minutes. We are very excited to finally see the effects of new developments improving the efficiency and responsiveness of the agencies responsible for certifying, approving and facilitating the employment of much needed foreign nationals by U.S. employers. We hope this is the beginning of new trends within DOL that will spread to other federal agencies.

The new filing method provides certification within minutes, as long as standard wage sources are utilized for determining the prevailing wage for the offered position. Posting and signature requirements continue to apply; however, both requirements can be satisfied after the filing. Considering the fact that the DOL’s faxback system is now processing LCAs faxed to the Department on January 15, 2002, the new electronic system provides a far more efficient method for obtaining certification and filing an H-1B petition within days rather than weeks. A copy of the regulations regarding the new system is available below in PDF format.

  Final rule on electronic filing of Labor Condition Applications (LCA) (PDF/111 kb, 7 pages)