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.