According to AILA, the DOL Office of Foreign Labor Certification (OFLC) has confirmed that during the government shutdown, it is neither accepting nor processing any applications or related materials it receives, including Labor Condition Applications (LCAs). In the past, USCIS has accepted H-1B filings for a temporary period with uncertified LCAs along with proof that the LCA was timely filed, in accordance with INA §212(n)(1) and CFR §214.2(h)(4)(i)(B)) due to processing delays with the DOL iCERT system. However, we do not know if this procedure will also be accepted during the current government shutdown.
Q&A Quicktake: Is It Safe To Downgrade From EB2 to EB3?
SYNOPSIS: Despite the numerous EB2 to EB3 downgrades that happened in Q4 of 2020, I still get asked whether it’s safe to downgrade the
June 6, 2021