H1B Visas 2009 What’s New? DOL Announces New ETA-9035

The Department of Labor (DOL) has implemented a new portal for the online form called a Labor Condition Application (LCA).  This form must be certified and submitted to U.S. Citizenship and Immigration Services (USCIS) in order for a foreign national to be approved for an H1B visa.   AILA provided the following information regarding it’s implementation:

The Labor Department has released its projections for when it will phase in the new versions of the LCA Form ETA 9035 and the PERM Form ETA 9089.

The Department of Labor indicates that its implementation timing for the new LCA Form ETA-9035 is:

- It will begin receiving the new form for processing on April 15, 2009.

- It will accept the existing form through May 14, 2009, then discontinue use of old form.

Its timing for implementation of the new PERM Form ETA-9089 is:

- It will begin receiving the new form for processing on July 1, 2009.

- It will accept the existing form through July 31, 2009, then discontinue use of the old form.

Glendia Mondesir, Attorney-at-law