How to Avoid Unnecessary Delays with the Department of Labor

When it comes to filing for visas, most individuals understand that it can be a fairly lengthy process. There are a few things that can be done to prevent extra delays in filing, however.

One such delay has lately been increasingly common in H-1B visa filings.

In an H-1B visa, a company will choose to hire an immigrant, and will want them to be able to enter the U.S. and begin working as soon as possible. This recent delay is related to a small law change that went into effect back in July 2009, when a preliminary form called the Labor Condition Application (LCA) was required to be filed with the Department of Labor (DOL). The LCA must be approved by the DOL before an H-1B visa can be filed.

While the process to get the LCA used to be almost instantaneous, it has recently started taking days to get approved. Further adding to the problem, after a few days of waiting, the DOL will often deny the LCA on grounds of not being able to confirm the employer’s federal tax number with the IRS.

When that happens, the employer is then required to send in proof of their federal tax number, adding an additional 2-4 days, in addition to the employee being required to file for another LCA. A process that should have taken minutes ends up turning into a 2-week ordeal.

For this reason, it is important to file for your LCA as soon as possible, and focus all your energy on that step first. Once that is complete, you will have 3-4 days to complete all the other steps necessary.

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