The American Immigration Lawyers Association (AILA) has been informed by the Department of Labor (DOL) that it has delayed its plan to disable the current LCA filing system on May 15, 2009 as originally reported here. The new sunset date for the current LCA system is June 30, 2009. DOL has stated that there are a number of technical problems with the iCERT system, which the agency is working to resolve before requiring employers to file all LCAs exclusively through the new iCERT portal. This means that DOL will continue to operate the iCERT LCA filing system in parallel to the current LCA filing system, and employers may submit LCAs under either system until June 30, 2009.

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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