WASHINGTON, D.C. — On October 23, 2009, the USCIS Ombudsman recommended changes to the H-1B filing process in light of errors and delays in the approval of Labor Condition Applications (LCA). The Ombudsman recommended that: 1) USCIS reinstate the previous practice of temporarily accepting an H-1B petition supported by proof of timely filing of an LCA application with the Department of Labor and issue a request for evidence (RFE) in order for the petitioner to later provide the LCA and 2) USCIS establish a temporary policy to excuse late H-1B filings where the petitioner documented LCA submission and improper rejection by the Department of Labor. The recommendations were issued in light of complaints from immigration lawyers after the Department of Labor implemented the new “iCert” system for adjudicating LCAs. The system increased average processing of LCAs from one day to seven days. The employer identification number (EIN) verification system also resulted in increased wrongful rejection of applications due to unrecognized EINs. Immigration lawyers complained that the system was prejudicing individuals and employers who are unable to file origina H-1B and extension petitions. The lawyers argue that untimely filed lawyers result in potential loss of legal status, business operation loss, and economic loss to employers. The Ombudsman justified the recommendations on the basis that USCIS regulations and form instructions require proof of LCA filing only. The Ombudsman also cited implementation of similar recommendations by the legacy INS in 1992. The Citizenship and Immigration Services Ombudsman, established by the Homeland Security Act of 2002, provides independent analysis of problems encountered by individuals and employers interacting with the U.S. Citizenship and Immigration Services, and proposes changes to mitigate those problems.
