As an employer we filed our first iCert LCA application for an employee who is required to move to a different location for a project. His H1 was already approved through us last year. The iCert system denied the LCA and it doesn't provide the reason for denial any where. What do we do?
State/Country relating to Question: California
It there any possible way that you could copy/paste what it says in the email (not the actual LCA)? You can omit any specific information like company name, etc.
Surprisingly - there was no email. I just have the LCA copy in icert which says Denied with no reason at all. I can send you the LCA that was denied, let me know your email.
I got an email after writing to DOL help desk this morning:
Re: Denial of Case Number: I-200-09329-468024 This is an official notification that the ETA Form 9035E - Labor Condition Application for Nonimmigrant Workers, filing date 2009-11-25 12:50:44.0, covering 1 worker(s) for the position of COMPUTER PROGRAMMER during the period of employment beginning 11/30/2009 through 09/27/2011 (case number XXXXX ) has been reviewed and DENIED in accordance with 20 C.F.R. 655.740(a)(2). The denied ETA Form 9035E is attached to this electronic notification and the reason(s) for the denial is listed below. In accordance with 20 C.F.R. 655.740(a)(3), LIMA CRM SERVICES CORP. may submit a corrected ETA Form 9035E. In the event that a corrected ETA Form 9035E is submitted, the Department will consider it as a new application and process it on a "first-in, first-out" basis. REASONs FOR DENIAL: 1. Section C.12 of this application contains an obvious inaccuracy or is incomplete. The Federal Employer Identification Number (FEIN) entered in Section C.12 of the ETA Form 9035E could not be verified as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order to prevent future denials on LCAs, submitted with this exact FEIN, please submit one of the following documents that clearly displays the FEIN and the name of the employer ALONG WITH A COPY OF THIS EMAIL: (1) Documentation from IRS noting assignment of FEIN. (2) Federal or State tax return (only acceptable with a pre-printed label) or a pre- printed tax coupon. (3) Documentation from employer s financial institution showing employers FEIN. (4) Articles of incorporation, business license, or other certifications of business existence. (5) Secretary of State registration. (6) Official and/or government documents. (7)Other documentation showing the FEIN and name of the employer You may either fax, email as a PDF attachment, or mail the requested information to the following: EMAIL: XXX@XXXXXX.XXX In the Subject Line, please write "LCA Business Verification Team or FAX: (XXX) XXX-XXXX On fax cover page please write "LCA Business Verification Team or MAIL: Attn: LCA Business Verification Team 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. 2. Either Section G .7 or Section G.11b of this application contains an obvious inaccuracy or is incomplete. As per ETA Form 9035 CP General Instructions for the 9035 & 9035E:
Section G.7: If the employer received a Prevailing Wage Determination (PWD) from the State Workforce Agency (SWA) or an OFLC National Processing Center (NPC), enter the state/district/territory of the Agency which issued the PWD. If the employer did not obtain a PWD from the SWA or NPC, enter N/A. Use this field ONLY where the employer obtained a prevailing wage from the SWA or NPC.Section G.11(b): This field should be used in circumstances where the employer has marked OES in section G.11 and the employer did not obtain a prevailing wage from the SWA or NPC. For example, if the employer obtained a prevailing wage using OES data from the Foreign Labor Certification Data Center Online Wage Library at http://www.flcdatacenter.com, then the words OFLC Online Data Center must be entered in the space provided.
Ok, so then there are reasons why it was denied and the reasons are clearly stated. The first is an issue with the Federal Tax Identification Number. You need to verify that the number you have for the company is the correct one.
The second reason is an issue with the prevailing wage. You need to do some additional research on the prevailing wage.
If you like, tell me the positioned offered and the wage that is being offered and I will see if I can help you with that. This is somewhat complicated and you should have an attorney to help you with it.
10+ years of experience in various aspects of U.S. Immigration Law.
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