The adoption of the iCert system by the Department of Labor has resulted in longer delays in the processing and approval of Labor Condition Applications (LCAs). LCA approval generally takes seven days. Fist time filers should expect delays because initial LCAs will likely be rejected for failure of the Department of Labor to confirm EIN numbers. USCIS has provided notice they will no longer allow H-1B petitions to be filed without certified LCAs despite the delays in processing. Posted from USCIS.gov:
USCIS Reminds Petitioners to Provide Approved Labor Condition Applications
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). Due to processing delays associated with Department of Labor’s (DOL) “iCERT†system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010. As of March 10, 2010, USCIS will reject any H-1B petition filed without an LCA certified by DOL. For more information on USCIS and its programs, visit www.uscis.gov Related Links USCIS Reminds Petitioners to Provide Approved Labor Condition Applications
