U.S. Citizenship and Immigration Services (USCIS) announced a 120-day period during which it will temporarily accept H-1B petitions filed without certified Labor Condition Applications (LCAs). This period began on November 5, 2009 and will end on March 4, 2010. 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.
U.S. Citizenship and Immigration Services (USCIS) announced a 120-day period during which it will temporarily accept H-1B petitions filed without certified Labor Condition Applications (LCAs). This period began on November 5, 2009 and will end on March 4, 2010. 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.
Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS has stated that they will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. USCIS will only approve H-1B petitions that include certified LCAs.
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