Posts Tagged ‘certified LCA’
USCIS Will Begin Accepting H-1B Applications without Certified LCA
USCIS has recently announced that it will begin to accept H-1B petitions filed with uncertified LCAs for a temporary period, ending on March 4, 2010. As many have experienced including our office, the Dept. of Labor’s new iCert process for certifying LCA’s has resulted in unprecedented delays, and has added a new level of unpredictability to the H-1B process. In response to requests, USCIS will accept petitions with uncertified LCA’s and then issue a Request for Evidence (RFE) for the certified LCA before approving the petition. Normally, only petitions with certified LCA’s are accepted. This “temporary flexibility”, as USCIS called it, is somewhat useful, but what happens at H-1B cap time, either in the coming year, on in subsequent years, when we need to file all of those applications by April 1? How will we be sure that the LCA will be certified in time for filing after March 4th? Also, since filing with an uncertified LCA will essentially guarantee a Request for Evidence, are adjudicators going to use that opportunity to throw more items into the request? As it is, applicants are already beleaguered from overly burdensome, redundant, and nonsensical RFE’s.
Tags: certified LCA, DOL, H-1B, LCA, request for evidence, uncertified LCA, USCIS
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