Due to complaints from employers after processing delays with the new iCERT system for Labor Condition Applications (LCA) from the Department of Labor, the USCIS will accept H-1B filings without a DOL approved LCA for a period of 120 days, from November 5, 2009 through March 4, 2010.
The petitioner still needs to file the LCA with the DOL. The USCIS will only accept H-1B petitions without approved LCA, if they are filed at least 7 calendar days after the LCAs were filed with the DOL. Evidence of this filing has to be included in the filing and the only acceptable evidence is a copy of the email from the DOL, giving notice of receipt of the LCA.
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