Temporary Accommodation for Delayed LCAs Not Extended
H1B Petitions will be denied once again without a certified labor condition application (LCA). The U.S. Citizenship and Immigration Services (USCIS) agreed to accommodate H1B petitions without a certified LCA for a limited time, in certain circumstances until March 9, 2010. This temporary accommodation has not been extended by USCIS, therefore, H1B petitions must be filed with the certified LCA, or risk denial. The Department of Labor’s iCert online LCA filing system resulted in many delays with LCA approvals when employers encountered problems with the system. To alleviate such an increased backlog, the USCIS temporarily permitted filing of H1B petitions with proof that the LCA was filed seven days before such filing. The petition usually required LCAs to be certified for approval, but to prevent delays, as long as there was proof that the LCAs were delayed, the H1B petition could have been filed.
The USCIS did not extend the temporary accommodation for delayed LCAs. Therefore, LCA approval is required before the H1B petition is filed. It seems that the USCIS denied the extension when it was given assurances by the Department of Labor that the LCAs are being processed in less than seven days, sometimes as short as four to five days. We have yet to see the accuracy of this guarantee by the Department of Labor.
In conclusion, be sure to allow for extra time and plan well in advance in case the LCA certification is delayed. Let us hope that the Department of Labor will be able to process LCAs within seven days and meet the regulatory requirement, so that the USCIS accommodation will no longer be needed.
The USCIS did not extend the temporary accommodation for delayed LCAs. Therefore, LCA approval is required before the H1B petition is filed. It seems that the USCIS denied the extension when it was given assurances by the Department of Labor that the LCAs are being processed in less than seven days, sometimes as short as four to five days. We have yet to see the accuracy of this guarantee by the Department of Labor.
In conclusion, be sure to allow for extra time and plan well in advance in case the LCA certification is delayed. Let us hope that the Department of Labor will be able to process LCAs within seven days and meet the regulatory requirement, so that the USCIS accommodation will no longer be needed.
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