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USCIS announces temporary period for filing H-1B petitions without certified LCAs

On November 5, 2009, the USCIS announced that, until March 4, 2010, it would begin accepting H-1B petitions filed without Labor Condition Applications (?LCAs?) that have been certified by the Department of Labor (?DOL?).

Certified LCAs have been required prior to filing the H-1B petitions. Recently, with the DOL?s implementation of the ?iCERT? system for certifying LCA?s, processing delays have resulted in increased processing times for LCA certifications. As a result, this has delayed employers? ability to file H-1B petitions.

In response to the public?s request, the USCIS will accept, until March 4, 2010, an H-1B petition filed with an uncertified LCA. The LCA, however, must have been filed with the DOL at least 7 calendar days before. The H-1B petition must be accompanied by the DOL?s e-mail receipt as evidence that the LCA was filed. The certified LCA must be then submitted in response to a Request for Evidence (?RFE?) with a 30-day deadline. Without a certified LCA, the USCIS will not approve the H-1B petition.

The DOL expects the delays in the LCA certification process to be temporary; hopefully, the delays will no longer exist long before March 4, 2010.

Full post as published by Masliah & Soloway on November 11, 2009 (boomark / email).