View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOL/ETA

RIN: 1205-AB39

Publication ID: Fall 2005

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) allow employers to file labor condition applications (LCA) for the H-1B and H-1B1 programs electronically, by facsimile transmission (FAX), and by mail. The Department seeks comments on a proposal that will require employers to file LCAs electronically, except 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 changes in address for the submission of LCAs by mail. The Department believes the e-filing process will ensure expeditious processing of H-1B and H-1B1 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 and H-1B1 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 and H-1B1 employers or alien beneficiaries.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 655.720 20 CFR 655.730
Legal Authority: 8 USC 1182(n) and 1182(t)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	04/01/2005	70 FR 16774
NPRM Comment Period End	05/02/2005
Final Action	12/00/2005

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