The U.S. Department of Labor's (DOL) iCERT online filing system for Labor Condition Applications (LCAs) will become mandatory for use on July 1, 2009. LCAs are required for all H-1B, H-1B1 (Chile/Singapore) and E-3 (Australia) visa petitions.

DOL launched iCERT on April 15, with the initial plan to disable the existing online LCA system on May 15. Due to various technical problems with iCERT, DOL postponed making iCERT mandatory until July 1, and extended the use of the old LCA system through June 30. After June 30, all LCAs must be filed through iCERT; however, the previous LCA system will remain available to request withdrawal of certified LCAs, or to obtain copies of previously certified LCAs.

The most significant change with iCERT is that LCAs will take significantly longer to be issued. DOL has advised that LCAs submitted through iCERT may take up to seven business days to be certified. Under the old LCA system, most LCAs were certified within moments of submittal. As a certified LCA must be submitted with all H-1B, H-B1 and E-3 petitions, it may take longer to prepare and file these petitions. This could impact individuals seeking H-1B cap numbers, as the LCA issuance determines when the H-1B petition can be submitted to U.S. Citizenship and Immigration Services (USCIS).

Another change in iCERT is that upon submittal of an LCA, the iCERT system sends out an email notification of receipt to the employer and to the attorney (if there is an attorney named on the LCA). This process is similar to the current PERM filing system for labor certifications, which sends out a notification when a PERM case is submitted to DOL. Upon issuing a decision, iCERT emails the employer and the attorney a notification, and sends a copy of the certified LCA as an attachment.

Jackson & Hertogs is monitoring the iCERT system closely, and will provide updates to clients as needed. Clients who have questions about iCERT should contact their attorney at Jackson & Hertogs.

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