USCIS Will Not Reject H-1B Petitions When the DOL Signature is Missing on the Certified LCA

14 Jun 2012

After consulting with the Department of Labor (DOL), USCIS has decided it will not reject H-1B petitions in cases in which the accompanying LCA was certified by the DOL and signed by the employer, but the LCA is missing the DOL’s signature. Petitioners whose cases were rejected for this reason are advised that they may resubmit their H-1B petitions. When resubmitting their petitions, the petitioners should include the certified LCA with both the employer and DOL’s signature (if it is now available), as well as evidence establishing that the petition was rejected because of the missing signature.

H-1B officials will review the resubmitted petitions to determine whether they can allow a late filing if the petitioner can establish that the original petition was submitted to USCIS in a timely manner but was rejected only because of the missing DOL signature on the certified LCA. USCIS is still evaluating whether they will be able to give the petition the original filing date.