H-1B's Accepted Without Certified LCA's
Beginning November 5, 2009, the USCIS will temporarily accept H-1B filings without a certified Labor Condition Application (LCA). The USCIS is making this accommodation due to the backlog created by the Department of Labor rolling out a new LCA system, iCert, before it was functioning correctly. The Department of Labor must approve an LCA before an H-1B can be filed. Their new iCert system, however, is failing to recognize employer's Federal Identification Numbers. This is creating a delay as the employer must then submit proof of FEIN, and wait for the Department of Labor to confirm the FEIN and then adjudicate the LCA.
The USCIS will accept H-1B's with proof of filing an LCA, and proof that the employer has waited at least seven days from filing the LCA before submitting the H-1B. The USCIS will accept these filings from November 5, 2009 through March 4, 2010. An employer submitting an H-1B without the certified LCA will receive a Request for Evidence from the USCIS, providing for 30 days to submit the certified LCA.
The USCIS will accept H-1B's with proof of filing an LCA, and proof that the employer has waited at least seven days from filing the LCA before submitting the H-1B. The USCIS will accept these filings from November 5, 2009 through March 4, 2010. An employer submitting an H-1B without the certified LCA will receive a Request for Evidence from the USCIS, providing for 30 days to submit the certified LCA.