At a recent meeting, the U.S. Department of Labor (DOL) announced the latest processing times for PERM labor certification applications.  DOL reported that it is currently processing PERM applications filed in July 2008 for initial review (certification or audit), audited cases (cases where an audit response was submitted to DOL for review) that were filed in September 2007, and appeals that were filed in June 2007.  It is important to note that DOL uses the original filing date for the PERM application to report processing dates, not the date the audit response or appeal was submitted to DOL.  DOL does not offer online case status for pending PERM applications, nor does DOL publish processing times on a regular or consistent basis.

DOL also provided an update on the plans to move to a new online filing system for ETA Form 9035, Labor Condition Application (LCA) and ETA Form 9089, Application for Labor Certification (PERM).  DOL had announced in early February that a new online filing portal for both forms, iCert, would go live in March 2009, with the plan that employers could begin filing LCA applications via iCert on April 15, 2009, and PERM applications via iCert on July 1, 2009.  DOL confirmed that iCert will begin accepting LCAs on April 15, but the PERM form will not change to iCert filing until September 2009 at the earliest.  From April 15 until May 14, employers may submit LCAs via iCert or using the existing online LCA system.  After May 15, all LCAs must be submitted through the iCert system.  DOL has advised that LCAs processed through iCert may take up to 7 business days to be processed after filing, unlike the current LCA system which processes cases within moments of submission. 

Jackson & Hertogs will have more information on the iCert portal when it launches in April, as well as instructions and guidance for clients on how slower LCA processing times will impact preparation and filing of H-1B petitions and other cases.

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