What a fiasco the Icert system has been since its implementation. It is especially ironic that there are difficulties acquiring certified LCAs when H1B numbers are still available. On November 5, 2009, USCIS announced that it will temporarily accept H-1B petitions filed without Labor Conditions Applications (LCA) that have been certified by the Department of Labor.

USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with the 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.

If you or your employer are interested in pursuing an initial H-1B visa, extension, or change of employer petition, please contact Chatham Legal at 602-759-1880.