Temporary Acceptance of H-IB Petitions without Department of Labor (DOL) Certified Labor Condition Applications (LCAs)   [open pdf - 212KB]

"The recent implementation of DOL's iCERT system has resulted in increased processing times for certain LCA certifications. There have been instances in which employers and beneficiaries have reported being negatively impacted by the increased processing times as it can delay their ability to file initial, extension of stay and change of status H -1 B petitions. USCIS has received requests from the public to accept the filing of H-IB petitions that include LCAs that have been filed with DOL, but that DOL has not yet certified. This memorandum provides guidance regarding the temporary acceptance of Form 1-129, Petition/or a Nonimmigrant Worker, for H-IB specialty occupations that have been filed with a Labor Condition Application (LCA), ETA Form 9035, that has not yet been certified by the Department of Labor (DOL).I This guidance applies to all H-IB petitions, including initial petitions, extension of stay petitions and change of status petitions. This memorandum does not permit the acceptance of H-IB specialty occupation petitions that do not include evidence that an LCA has been filed with DOL. Furthermore, it does not permit the approval of any H-l B specialty occupation petition where DOL has not yet certified the LCA or where certification of the LCA has been denied."

Public Domain
Retrieved From:
U.S. Citizenship and Immigration Services: http://www.uscis.gov/
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