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Can an H-1B Petition be filed without a Labor Condition Application (LCA)?

April 26, 2017application condition filed H-1B labor LCA petition

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Can an H-1B Petition be filed without a Labor Condition Application (LCA)?

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• Answer: Filing an H-1B Petition without an LCA, can cause unnecessary delays in a case. Moreover, it is our opinion, given US Citizenship and Immigration Services (CIS) communications on this matter, H-1B portability (discussed below) provisions may not take effect with an H-1B filing, unless an approved LCA is attached. In order for a CIS Regional Service Center Adjudication Officer to adjudicate an H-1B Petition, it MUST have an approved LCA. If an H-1B application is submitted without an approved LCA, CIS issues a request for evidence which delays CIS processing.