USCIS to Temporarily Accept H-1B Filing Absent Certified LCA

Cite as "AILA InfoNet Doc. No. 09111220 (posted Nov. 12, 2009)"

On November 5, 2009, USCIS announced that it will temporarily accept H-1B petitions filed without Labor Conditions Applications (LCA) that have been certified by the Department of Labor.

USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.

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