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The USCIS announced a temporary policy and procedural change regarding H1B visa petition filings.
Effective November 5, 2009, H1B visa cases can be filed prior to the certification of the required Labor Condition Application (LCA).
This change was necessitated by delays in LCA processing through the Department of Labor (DOL).
It is necessary to prove that the LCA has been filed pending for at least seven calendar days.
Approval of the H1B visa case will require approval of the LCA.
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