Visa Lawyer Blog
USCIS has not extended its temporary accommodation for delays in the labor condition application (LCA) process. Earlier, USCIS agreed to accept H-1B petitions without a certified LCA, in certain situations, for a limited time. This exception was available from November 5, 2009 to March 9, 2010. The USCIS has declined to extend this exception. Accordingly, all H-1B petitions must be filed with the certified LCA otherwise USCIS will deny the H-1B petition or extension.
Hence, it again is necessary to have an Approved LCA in place for the proper location at the time of the H-1B filing. The reason the exception was not extended is that the DOL assured USCIS that LCAs are being processed within the required seven-day processing time. The DOL, in fact, stated that LCAs are being processed within four to five days which is in fact true as well. It is our suggestion to plan accordingly.