USCIS issued an update reminding employers to file H-1B petitions with certified Labor Condition Applications (LCAs). Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system that certifies LCAs, USCIS temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary procedure went into effect on November 5, 2009 and expired on March 9, 2010. USCIS announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified LCAs. As of March 10, 2010, USCIS will reject any H-1B petition filed without an LCA certified by DOL.
Since the DOL implemented the iCERT system, there have been numerous delays in obtaining certification of LCAs. As we previously blogged, while it was known that iCERT would eliminate same day LCA approvals, the DOL originally anticipated that it could take up to seven business days to certify the LCA. However, since its implementation the iCERT system has experienced a number of technical glitches that have resulted in delays in obtaining certified LCAs beyond the seven day period. With April 1, 2010 fast approaching, employers should contact their Klasko Law attorney immediately if they wish to sponsor an employee for an H-1B visa in the 2011 fiscal year.
Tags: H-1B