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DOL/ETA

RIN: 1205-AB39

Publication ID: Fall 2004

Title: Labor Condition Applications for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Filing Procedures
Abstract: Currently, Department of Labor Regulations (hereinafter Department or DOL) allows employers to file labor condition applications (LCA) electronically, by facsimile transmission (FAX), and by mail. The Department seeks comments on a proposal to eliminate the provision that allows employers to file LCAs by FAX. Employers that could not file LCAs electronically due to physical impairments would be allowed to submit LCAs by mail. The rulemaking would also inform employers of an impending change in address for the submission of LCA by mail. The Department believes the e-filing process will ensure expeditious processing of H-1B petitions and limit the number of potentially incomplete applications. In addition it will ease the filing burden on employers. Through e-filing the Department will be better able to capture statistics and analyze H-1B program data to identify areas that need improvement as well as any fraud or abuse that may lead to future administrative, civil or criminal enforcement actions against H-1B employers or alien beneficiaries.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 655.720 20 CFR 655.730
Legal Authority: 8 USC 1182(n)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2004
NPRM Comment Period End	01/00/2005

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Leticia Sierra Acting Chief, Division of Foreign Labor Certification Department of Labor Employment and Training Administration 200 Constitution Avenue NW., Room C4312, FP Building, Washington, DC 20210 Phone:202 693-3010 Fax:202 693-2768 Email: sierra.leticia@dol.gov