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USCIS grants temporary reprieve to beleaguered attorneys, employers and H-1B workers! Print E-mail
Wednesday, 11 November 2009

Because of the often fatal flaws in the Department of Labor new iCert system for processing Labor Condition Applications (LCAs), resulting in wrongful denials and delayed adjudications, USCIS has announced that it will accept proof that an LCA has been pending and unadjudicated for at least seven calendar days as sufficient to file an H-1B petition.  The time period for the reprieve is 120 days from November 5, 2009.   However, an RFE will be issued by USCIS for the certified LCA.  The glitches in the system are causing harm to American businesses on a large scale, lacking predictability to plan even an H-1B process in these troubled times.  Lawyers have been baffled when the Department of Labor has denied an LCA claiming they cannot verify the existence of the business, even in some cases for Fortune 100 companies.  As a proactive measure, attorneys are now filing as far as possible in advance business verification documents with the Department of Labor, hoping to avoid a wrongful and time sensitive LCA denial. 

 
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