Currently, DOL requires the H-1B employers to file labor condition applications for H-1B using iCERT Portal System. Such filing requires at least seven days at this time to obtain the decision. However, seven-day processing does not mean that the applications have been "certified" in seven days. The reality is that a large number of applications have been denied on technical violations.

The most pervasive ground for denials has been the employer's Federal Employer Identification Number (FEIN) not matching with the employer names. Such denial was not caused by "wrong" FEIN but rather by flaws in employer's name not matching with the record of IRS that granted the FEIN. Considering the fact that until now, most of the employers have been using company names loosely including trade names, a huge number of LCAs have been denied.

Once the LCA is denied, the employers have been required to submit FEIN verification evidence via email, fax, or mail and until the FEIN issues are verified and resolved by Chicago National Processing Center, repeated new filings have faced multiple denials. Lately the CNPC verification process backlogs have improved, but a number of employers one time experienced delays in obtaining verification from CNPC for days and weeks.

The problem did not end there. The employers who received the verification notice from the CNPC were required to file a new rather than approving the denied LCAs. When such employers filed new LCAs after obtaining the FEIN verification notice, the employers had to go through another cycle of seven-day processing time, not to mention potential delays in certification of such newly filed LCAs.

These denials thus have presented almost hardships over the employers, particularly in two situations. One is the employer who needed to file H-1B petition within a given time to avoid the alien beneficiary falling out of status. One may call it a last-minute filing case. The second situation is the cases which are subject to the H-1B annual cap. http://www.greencardapply.com/news/news09/news09_1106.htm


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