DOL Claims to Meet Its LCA Processing Obligations

U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

March 2, 2000

The Honorable Albert Gore Jr.
President of the Senate
Washington, D.C. 20510

Dear Mr. President:

This report is submitted in accordance with the provisions of section 414(b)(6) of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). Title IV of Pub.L. 105‑277, concerning the Department of Labor's expenditure of a portion of the special $500 filing fees paid by employers who seek access to H‑1B nonimmigrant employees by submitting visa petitions, requests for extensions of status, or requests for changes of employers during the period from December 1, 1998 until October 1, 2001. The ACWIA provision allocates 6% of these monies to the Department. The provision directs that the entire Departmental allocation is to be used for processing of employers' labor condition applications (LCAs) until theDepartment is substantially in compliance with the statutory deadline for such processing under section 212(n)(1) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182 (n) (1); thereafter, 3% is to be used for processing and 3% is to be used for enforcement of employers' obligations under section 212 (n) (2) of the INA (8 U.S.C.) 1182 (n) (2)) .

I hereby certify that, during calendar year 1999, the Department substantially complied with the requirement in section 212(n)(1) of the INA relating to the Department's certification of employers' LCAS within seven days of their filing dates.

Sincerely,

Alexis M. Herman