05/08/2009

Dear Subscriber:

Currently, federal regulations require the University of Florida (the Faculty and Scholar Services office) to obtain certified Labor Condition Applications (LCAs) from the Employment and Training Administration (ETA), a division of the Department of Labor (DOL), before submitting nonimmigrant visa petitions for H-1B and E-3 status.

On April 15, 2009, the U.S. Department of Labor (DOL) will begin accepting a new version of the LCA, Form ETA 9035, for processing through the new iCERT Visa Portal System.

A recent communiqué from a reputable immigration law firm states: The current DOL system allows for immediate processing of LCAs. However, the agency projects that the new system will require as many as seven (7) days, if not longer, to process the LCAs instead of a few minutes. The new LCA form will continue to require the employer to make certain representations and agree to several attestations including those regarding the wages, working conditions and benefits to be provided to the foreign worker. However, it will also require more detailed information concerning the University,  the types of employment, the wage data, and the place of employment, and other pertinent information.

Under the current federal regulations that permit H-1B “portability”/transfer, H-1B beneficiaries may begin an employment period after USCIS issues a receipt notice (Notice of Action) for the current petition. However, the new LCA system may cause processing delays that would seriously impede the employment flexibility of H-1B beneficiaries and the ability of the University to immediately employ them.

Sponsoring departments/centers also need to remain cognizant of the new LCA filing system when an H-1B employee is planning to travel abroad, especially when a subsequent petition to amend or extend the status is imminent.  In this situation, a delay in the University’s receipt of a certified LCA from the DOL would negatively impact the beneficiary’s visa application process at a U.S. Embassy or Consulate during a relatively short trip abroad.

The Faculty and Scholar Services (FSS) office will post the new LCA form on the International Center’s website. FSS will continue to generate the LCAs that are included in H-1B and E-3 petition packets, on behalf of the sponsoring departments/centers. However, the posting of the LCA Filing Notice responsibility will shift from the sponsoring department/center to the Faculty and Scholar Services office, effective May 15, 2009. Procedural changes for posting the LCA filing notice will appear on the FSS website on May 11, 2009.

The new LCA filing procedure requires strict adherence to FSS’ petition submission policy by sponsoring departments and centers in order to  facilitate continuous employment of our H-1B beneficiaries. Current H-1B and E-3 submission deadlines appear below, and are posted on the Faculty and Scholar Services website:

http://www.ufic.ufl.edu/fssstatusH1BFilingPetition.htm#3

Petition submission deadlines:

  * Transfer from an H-1B sponsor/employer other than UF

Please note that these deadlines may be revised within the next 60 days to coincide with the new LCA processing timelines.

Faculty and Scholar Services
International Center