IMPORTANT NOTICE - CHANGES TO H-1B FILING

Beginning January 19, 2001, ETA Regional Offices will no longer accept the currently used Labor Condition Application Forms (LCAs). A new H-1B regulation was published on December 20, 2000. This regulation changed both the Labor Condition Application Form and where it is to be filed.

On February 5, 2001, ETA will begin accepting for automated processing the new three-page ETA 9035 either by facsimile or by mail sent to the PO Box shown below. This will allow ETA time to process LCAs received prior to January 19, and to retool the system to process the new form. LCAs that must be processed during the period January 19 - February 5 must be submitted on the new three-page form, and mailed to the appropriate ETA Regional Office, or may be mailed to the Philadelphia PO Box shown below, where they will be manually reviewed. For expeditious processing, ETA strongly encourages employers and their representatives to wait until after February 5, 2001 before submitting, and then to file LCAs by fax.

For further information regarding the new application process and to see the new Form ETA 9035 and ETA 9035CP, please view the web site: OWS.DOLETA.GOV. For information regarding changes in H-1B compliance, please visit: www.dol.gov/dol/esa/public/regs/compliance/whd/whdfs42.htm

WHAT DO YOU NEED TO FILE

Electronic Process

• A computer capable of running Adobe Acrobat Reader, connected to a printer;
• If you choose to Fax the form, a fax machine in operation 24 hours per day, 7 days per week;
• The new three-page Form ETA 9035 and ETA 9035CP, which contains the instructions, downloaded from the ETA web site: http://www.ows.doleta.gov. (these are fillable Acrobat files) OR

Manual Process

• The new three-page Form ETA 9035 and ETA 9035CP (printed copy) from your ETA Regional Office

HOW TO COMPLETE AND SUBMIT

• Employer reads the Form ETA 9035CP and completes the Form ETA 9035 (LCA);
• Employer signs the Form ETA 9035 (LCA);

To send by Facsimile

• The Form ETA 9035 (LCA) may be faxed to (800) 397-0478 OR

To send by Mail

• The Form ETA 9035 (LCA) may be mailed to ETA-H1B, P.O. Box 13640, Philadelphia, PA 19101.
• If the LCA is rejected, the returned LCA will include the reasons for the rejection.
• Once LCA is approved, the employer attaches the certified LCA to form I-129 (Petition for H-1B nonimmigrants) and files with the USCIS.

Note: Beginning Feb 5, 2001, employer representatives will receive the approved LCA only by fax.

Reprinted with permission from AILA
Copyright © 2000, American Immigration Lawyers Association