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Automated LCA and Petition E-Filing

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Automated LCA and petition e-filing refer to the use of immigration technology that makes it possible to submit the LCA form and petitions electronically. Automating LCA makes life easier for attorneys who submit the Form ETA-9035E on behalf of employers to get the LCA certified. The LCA form is a legal attestation that the employer will pay the actual wage and fulfill the required job criteria for the hired individual. Once LCA is certified, attorneys can go ahead with the filing of the Form I-129. Once the petition is prepared, it can be easily filed electronically.

What is automated LCA?

Automated LCA includes the submission of form ETA-9035E to DOL’s Flag system, with the form filled out automatically by software. It does not employ the use of manual support, which may trigger errors, and submits all the details directly from the software, automatically populating the required fields correctly. Attorneys and paralegals fill out the LCA form manually, which can cause delays or RFEs. Automated LCA is changing this. It integrates forms, compliance checks, and other key details to centralize the data and then fill the LCA form automatically. This way, the workflow is streamlined from client intake to petition submission.

What are the benefits of LCA automation?

There are multiple key benefits of LCA automation that save time, keep the records accurate, prepare LCA petitions faster, ensure compliance, reduce filing errors, and enhance the client’s experience.

  • Faster LCA Preparation

LCA petition preparation is faster with LCA automation. Since repetitive data entry is not required and all the crucial details like employer, job, and worksite details are filled automatically, it helps attorneys and paralegals prepare the LCA form faster. During the peak H1B filing season, LCA automation plays a key role in preparing the LCA petitions, as attorneys have tight deadlines during this period.

  • Reduced Filing Errors

In manual data entry, there is a likelihood of typos and missing fields. When you go to correct the typos and fix the missing field, it consumes time and increases unnecessary headaches, ultimately killing productivity. LCA automation eliminates all such typo errors and missing fields. It automatically fills in the SOC code, worksite details, and wage details. This way, there is hardly any error.

  • Centralized Tracking

Automated systems keep track of LCA’s validity and store the LCA documents. Attorneys and employers don’t need to check the expiry of the LCAs manually, and also do not struggle retrieving the LCA files, as they are available with a single click. This way, it ensures compliance and keeps you audit-ready always.

  • Seamless Petition Alignment

Once LCA is prepared and filed, the same data is uploaded directly to the H1B petition. It reduces unnecessary data uploading for H1B petition preparation and saves time. It also avoids the reason for RFEs, which is mainly triggered by the mismatched data in the LCA form and H1B petition. The data has to be the same in the H1B petition and the LCA form. Mismatching of the data triggers the RFE. An Automated system removes this trigger and safely populates the same data.

  • Better Collaboration with Employers

While filing the LCA form, attorneys have to get data from employers related to job and wage details. Employers give the data in the form of emails or spreadsheets, which causes data accuracy and coordination problems. LCA automation provides a smart questionnaire and the portal through which employers can easily provide the details, and no back-and-forth is required. This way, it eliminates the data inconsistency and improves the collaboration with employers.

How long does it take to approve the LCA?

Typically, it takes DOL 7 business days to approve the LCA filed electronically. Sometimes, when there is a backlog of petitions, this time period can go up. During the backlog, officials are busy adjudicating the previous petitions, which becomes the cause of holding the current LCA petitions. Attorneys must prepare in advance during the H1B peak filing season. At that time, LCAs are filed heavily, so it may happen that your filed LCA goes into the backlog. If you prepare early, the chances are likely that the LCA will get approved.

What is petition e-filing?

Petition e-filing refers to the use of electronic completion of immigration petitions and submission to the government agencies such as USCIS or DOL. It is not paper-based and fully digital. All the documents, forms, and signatures are completed in the online portal securely. Once the petition is drafted, it can be sent electronically to either the USCIS or the DOL’s FLAG system. If it is an LCA, it would go to DOL’s FLAG system, and if it is an H1B petition, it would be submitted to USCIS electronically.

What are the benefits of petition e-filing?

There are several key benefits of petition e-filing, such as faster petition preparation, fewer data entry errors, improved document organization, real-time tracking, and better collaboration with clients.

  • Faster Petition Preparation and Submission

Petition e-filing platforms enable faster petition preparation. Since the data, like names and dates, is uploaded automatically, the petition is prepared early. Attorneys no longer need to fill in the details manually. They just need to review the petition once it is drafted. Submission of the petition is also fast when it is submitted electronically.

  • Fewer Data Entry Errors

Manually typing creates lots of errors that can destroy the petition quality and lead to RFEs. The petition e-filing system ensures no errors while fetching the data from case records and automatically populates it. This way, the risk of RFEs triggered by data inconsistency is less.

  • Improved Document Organization

Document organization is a big task that attorneys have to do manually. It takes a lot of time, consumes a lot of energy, creates problems, and leaves room for errors. Petition e-filing improves this document organization process and enables attorneys to sort the documents easily. Attorneys can assemble large files without manually sorting or indexing the documents.

  • Reduced Administrative and Printing Costs

Paper filing requires manual handling of the petitions and supportive documents. It requires printing, shipping, and courier expenses. On the other hand efiling does not require all these costs and can easily file the petitions to government agencies.

  • Enhanced Collaboration with Employers and Clients

In the e-filing system, the stakeholders can upload the documents, review the forms, and give their approvals. It saves them from exchanging emails and spreadsheets that can be time-consuming and prone to errors. This way, it facilitates faster information collection, fewer lost documents, and smoother communication.

Conclusion

Automation paves the way for attorneys to file the LCAs conveniently. It helps them complete the whole cycle smoothly from client intake to LCA petition building and submission to DOL’s FLAG system. Moreover, e-filing enables attorneys to file the petitions electronically. It eliminates the paper-based approach, which involves manual handling and extra costs. This way, attorneys can enhance their productivity and take their immigration practice to the next level.

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