Federal Agencies, Agency Memos & Announcements

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

11/5/09 AILA Doc. No. 09111220. Business Immigration, H-1B & H-1B1 Specialty Occupation

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.