USCIS Will Not Reject H-1B Petitions When the DOL Signature is Missing on the Certified LCA14 June 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.