News Update - December 12, 2009
By Alan Lee, Esq.†‡
Rules for Submitting H-1B Petition Without Certified Labor Condition Application (LCA)
With the H-1B cap quota about to run out, it has become even more important to understand U.S.C.I.S.'s rules for submitting H-1B petitions without certified LCA's. According to information from the November 5, 2009, memorandum by Donald Neufeld, Acting Associate Director, Domestic Operations, "Temporary Acceptance of H-1B Petitions without Department of Labor (DOL) Certified Labor Condition Applications (LCA's)" and U.S.C.I.S.'s December 8, 2009 "Questions and Answers: Temporary Acceptance of H-1B Petition filed without DOL's Certified Labor Condition Applications (LCAs)", H-1B petitions can be submitted without LCA's if seven days elapse since the LCA application was submitted to the Department of Labor. The temporary policy is in in effect from November 5, 2009, through March 9, 2010. The ultimately approved LCA must be the same that was pending and submitted with the H-1B petition. (The agency will accept for filing purposes a copy of DOL's e-mail giving notice of receipt of the LCA.) U.S.C.I.S. will only accept in lieu of such an LCA that was approved prior to the submission of the H-1B petition. No exception seems to be given for cases in which DOL mistakenly denies the LCA and it appears that the only solution other than having another approved LCA in hand is that a new LCA must be submitted and seven days pass prior to the submission of the H-1B petition.
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