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2009 Changes to the LCA Process Raise Concerns About H1B Visa Issuance

Employers planning to file H1B visa petitions for H1B professionals may face more tough times in 2009. The USCIS will begin accepting petitions for Fiscal Year (FY) 2010 H1B visas from Wednesday, April 1, 2009. The soonest these visas can be used for work authorization will be October 1, 2009, which is the start of FY 2010. Last year, both quotas were exhausted within the first week of the filing season.

Recently, the U.S. Department of Labor (DOL) has announced its intention to make procedural changes to the labor condition application (LCA) process. An approved LCA document must be received from the DOL before an H-1B petition can be filed with USCIS. Currently, the LCA documents are issued electronically within minutes of submitting an on-line filing. Under the new procedures, LCA issuance is expected to take up to 7 days, or possibly longer, to allow the DOL to provide closer scrutiny to applications submitted.

We urge all employers and H1B visa workers not to wait for the last moments in March to file LCA application, rather start early this year to make sure you make the cut. Call or email us with any questions.

Client Reviews
Great immigration lawyer, very professional, knowledgeable and experienced. Jacob always answered my questions, e-mails and calls; great customer service from him and everybody at his office. I highly recommend Jacob, probably the best immigration lawyer out there. Plinio Franca
I trust you know how much all of us at the Spreckels Organ Society appreciate your incredible generosity in providing legal assistance with the visas required by the international artists last year during our International Summer Organ Festival. We consider it an honor that you and your firm provided this service, and were delighted to publicize your firm in our concert materials. George H.
That's good news on the approval of our 3 executive L1A visas. You fought a tough RFE, but we won. We are pleased to be working with you. KB is also bringing passports tomorrow again to the US Embassy in Tashkent for visa processing. We look forward to his arrival to the US. Sarvar
I wanted to thank again and again for obtaining my E1 Treaty Trader visa for me. The process was not easy, especially since our trade was all based on Technology. You knew the law, and was able to craft an outstanding file to be presented to Immigration. We are now ready to take the business to the next level. Toda Raba
Thanks for helping me with my marriage-based immigration case. You were very accessible - taking my calls, returning my messages and emails promptly. You answered all my questions. I was most impressed and relieved that you attended the immigration interview with me and my wife. You made the whole process streamline and simple. You really know your stuff, and you're a nice, friendly guy as well. Shane P.