On April 15, 2009, the U.S. Department of Labor (DOL) launched its new iCERT portal, which will be used to file Labor Condition Applications (LCAs) and Permanent Labor Certification Applications (PERM). At this time, the iCERT portal may only be used to submit and file the LCA form (ETA 9035). DOL plans to implement filing of PERM applications (ETA 9089) through iCERT in September 2009. A certified LCA is required for the H-1B, H-1B1 (Singapore/Chile Free Trade Agreement) and the E-3 (Australia) visa categories.

From April 15, 2009, until May 14, 2009, DOL will operate the iCERT LCA filing system in parallel to the current LCA filing system, and employers may submit LCAs under either system. After May 15, 2009, all LCAs must be filed through the iCERT portal. Employers will still be able to access LCAs submitted under the previous system, but only to print out LCAs previously certified, or to withdraw certified LCAs.

DOL has stated at recent stakeholder meetings that LCAs submitted through iCERT may take up to seven days to be processed. Under the LCA regulations, DOL is required to issue a decision on a submitted LCA within seven days, but under the current filing system, most LCAs are processed within moments of submittal. Employers should be aware that longer processing time of LCAs at DOL may impact when an H-1B petition may be filed, and plan accordingly.

In addition to the iCERT filing system for LCAs, the iCERT portal will include information regarding prevailing wage data, FAQs on PERM and the various nonimmigrant visa programs in which DOL is involved, performance data on PERM applications, and status of LCA and PERM applications. We would note that the iCERT status field will return status only for applications filed under the iCERT system. PERM applications and LCAs filed under the current system cannot be accessed through this status screen. It appears from preliminary review of the iCERT portal that not all of its functions are operational.

Jackson & Hertogs will continue to monitor the iCERT portal's launch, and advise clients as information becomes available.

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