It’s Never Too Early to Start Preparing for H-1B Cap Cases…

Visa Application Form Immigration Concept

… particularly for employers filing an H-1B for the first time.

Due to the limited number of new H-1B visas and their high demand, USCIS typically only accepts new H-1B filings for five business days starting April 1st.

These H-1B case filings must include a certified Labor Condition Applications (LCA).

One delay in obtaining a certified LCA canoccur if the USDOL online ICERT (LCA) system is unable to verify the employer’s FEIN. This typically happens to employers/petitioners who have not filed H-1Bs before or in the last few years.

If the FEIN cannot be verified by ICERT online system, the employer through his attorney will have to verify FEIN “manually” with the USDOL.  This manual verification requires submission of FEIN related documents for DOL’s verification.

Only once the USDOL has verified the FEIN (which typically takes 3-4 business days or longer) can the LCA be resubmitted.  Thereafter, it will likely take another 7 days for the LCA to be certified.

As the H-1B Cap Season approaches, FEIN verification delays can jeopardize timing of cap cases filing.  Thus, we recommend that employers filing new H-1Bs for the first time plan to verify their FEINs as soon as possible.

Navigating the U.S. immigration process can be a daunting challenge and can have serious ramifications if done incorrectly.  However, you don’t have to go at it alone.  We are here to assist you.  To learn more about your specific situation and how we can assist you, please contact us at [email protected]