USCIS Will No Longer Accept H-1Bs Without Certified LCAs
In November of last year and in February of this year, we wrote about a temporary change USCIS made with respect to H-1B petitions filed without certified Labor Condition Applications (LCAs). The reason for this temporary change in policy was to accommodate LCAs which have been delayed past the 7-day LCA processing window. Pursuant to the temporary policy, H-1Bs could be filed with evidence of filed LCA which shows that the LCA has been pending for more than 7 business days.
USCIS has refused to expand the temporary policy and as a result, effective March 10, 2010, USCIS will no longer accept H-1B petitions filed without a certified LCA. All H-1Bs filed on or after March 10, 2010, must be accompanied by a certified LCA or will be rejected.
