6/1/2009

LCA Legacy System to Remain Operational Through June 30, 2009. OFLC will keep the old LCA system operational through June 30, 2009 to give all users sufficient time to fully transition to the new iCert system. Users are encouraged to familiarize themselves with the iCert system as quickly as possible to allow adequate time to establish accounts and file LCAs using the new ETA-9035. Please note that all technical issues need to continue to be raised through the iCert help desk at OFLC.Portal@dol.gov. 

On a May 8, 2009 teleconference with stakeholders including NAFSA, DOL advised that a recent update to iCERT remedied some of the prior issues that had been reported (e.g. Certified LCAs now have validity dates and signature, NAICS button now allows for scroll down). DOL is currently working on a number of other issues. NAFSA's International Scholar Subcommittee took part in the call and is developing a summary to be posted soon. In addition, NAFSA plans to have a follow-up teleconference with DOL prior to the Annual Conference; please report any concerns or questions to the group through IssueNet: Report an Issue. 

On May 13, 2009, DOL notified NAFSA, AILA and ACIP that it is likely DOL will delay the mandatory use of iCERT for LCA filings until June 30, 2009, and that DOL will post official notice of this on the ETA Web site once it is official.

On April 15, 2009, the iCERT Portal and LCA functionality became available, at http://icert.doleta.gov/.

Background: On April 15, 2009, the Department of Labor Office of Foreign Labor Certification (OFLC) began implementing a new portal system called iCERT for LCA and PERM filings. The iCERT system will require employers or attorneys to create a user account, from which they will be able to file both LCAs and PERM applications. LCA functionality was added first, on April 15, 2009, and will be followed by PERM functionality on September 1, 2009.

All employers and attorneys or agents who file LCAs or PERM awill have to set up new accounts in the iCERT system, as no current LCA or PERM login data will transfer from the current LCA and PERM online systems to the iCERT system. DOL began implementing the iCERT system for LCAs on April 15, 2009, and will require all LCAs to be filed through the system as of June 30, 2009. See below for more information on timeframes.

LCA processing may take longer than it does in the current electronic system. DOL has stated that since the new system will incorporate a higher standard of DOL review before certification is granted, LCA processing will not be as instantaneous as it is under the current online system. 

The regulations at 20 CFR 655.730(b) say that "ETA will process all LCAs sequentially and will usually make a determination to certify or not certify an LCA within seven working days of the date ETA receives the LCA." DOL has said that they reserve the right to use the full seven-day period referenced in the regulations. Employers should take these longer processing times into account in their business process flow, once they start using the iCERT system.