DOL Addresses LCA Denials Based on FEIN

One step of the H1B process for professional workers is filing and obtaining a certified Labor Condition Application (LCA).  The Department of Labor (DOL) recently switched the LCA submission and certification process to an new system called iCert.  Recently, the DOL has been denying some LCAs based on its inability to verify an employer’s Federal Employer Identification Number (FEIN).  The Department of Labor (DOL) recently told AILA liaison how to correct a denial of an LCA when DOL states that it cannot verify the FEIN.  Now, LCA denials based on FEIN verification should contain the following instructions for employers. 

REASON FOR DENIAL: Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEIN, the CNPC will need to obtain the following information:

(1) A copy of this e-mail; and

(2) At least one document from the sample list below that clearly displays the FEIN and the name of the employer associated with the unique identification number:

Documentation from IRS noting assignment of FEIN;

Federal or State tax return (only acceptable with a pre-printed label) or a pre-printed tax coupon;

Documentation from employer’s financial institution showing employer’s FEIN;

Articles of incorporation, business license, or other certifications of business existence;

Secretary of State registration documents;

Official and/or government documents

Other documentation showing the FEIN and name of the employer

In order to expedite the process, you may either fax, email as a PDF attachment, or mail the requested information to the following:

FAX: (312) 886-1688. On the cover page of the fax, please write “LCA Business Verification Team – Proof of Valid FEIN”, or

EMAIL: LCA.Chicago@dol.gov. In the Subject Line, please write “LCA Business Verification Team – Proof of Valid FEIN”, or

MAIL: Attn: LCA Business Verification Team – Proof of Valid FEIN

U.S. Department of Labor

Employment and Training Administration

Office of Foreign Labor Certification

844 N. Rush Street, 12th floor

Chicago, IL 60611

The employer will be notified via email after the requested information has been reviewed. 

DOL has not informed the public how long it will take to correct and certify an LCA.  One hopes these ‘glitches’ in the new iCert system are being addressed quickly since LCAs currently already take over a week to process.  We will keep you posted as additional information becomes available.