Cite as "AILA InfoNet Doc. No. 10031132 (posted Mar. 11, 2010)"
AILA Liaison On H-1B, LCA and PWD
On Friday, March 5,
2010, AILA liaison asked USCIS to extend the "temporary acceptance" period for
submitting H-1B petitions without a certified LCA due to reports of ongoing LCA
processing issues at DOL, compounded by extensive delays in Prevailing Wage
Determination (PWD) processing. Additionally, AILA once again pointed out that
the requirement that the LCA tracking numbers match undermine the effectiveness
of the USCIS temporary accommodation, and AILA asked USCIS to review the LCA
receipt match requirement, particularly for those cases denied or rejected
during the "temporary acceptance" period. Yesterday, USCIS declined AILA's
request for an extension, stating that DOL informed USCIS that DOL was
processing LCA applications within 4-5 days of receipt.
members that under DOL regulations at 20 CFR § 655.731(a)(2), an employer is not
required to obtain a PWD for an H-1B and may rely on an independent
authoritative wage source or other legitimate sources of wage data when filing
an LCA. The independent authoritative source survey must meet all the criteria
set forth in paragraph 20 CFR § 655.731(b)(3).
USCIS continues to look
at the LCA receipt "no-match" issue for cases filed during the "temporary
acceptance" period. USCIS has asked AILA for examples of H-1B petition denials
or rejections due to LCA receipt "no-match," where a correct LCA was filed (and
denied by the DOL), the H-1B petition was submitted seven days after the initial
LCA was submitted, a subsequent identical LCA was filed with the DOL and
approved, and that LCA was provided to the USCIS in response to an RFE
requesting a certified LCA. Please send to email@example.com with the subject: LCA
no-match. Please scan and attach the following: a copy of the original, denied
LCA with the LCA tracking number, the subsequent, certified LCA, which must be
identical to the one that was denied, the H-1B petition denial, or, if rejected,
a copy of the rejection notice.