On April 15, 2009, the Department of Labor's (DOL's) new integrated application system, the iCERT portal, began accepting labor condition applications (LCAs) for H-1B, E-3 and H-1B1 petitions. A new version of the LCA form must be used. When the iCERT portal is fully implemented on October 1, 2009, it will be required for all immigration-related DOL applications, including applications for permanent and temporary labor certification. The new portal is located at http://icert.doleta.gov.
Labor Condition Applications and iCERT
As of April 15, 2009, the DOL began to accept LCAs through the iCERT portal system, and has introduced a new and more detailed edition of Form ETA-9035, the LCA form. However, the agency will continue to accept LCAs through the existing system, and current LCA form, through May 14, 2009. Beginning on May 15, 2009, employers will be required to use the iCERT system and the new edition of Form ETA-9035 for all new LCAs. The legacy LCA system will be disabled for new applications, but employers and their counsel will still be able to access the old system to check the status of pending cases and to withdraw LCAs. LCA information from the legacy system will not carry over to the iCERT portal.
PERM Applications and iCERT
On September 1, 2009, the DOL will begin to accept applications for PERM labor certification applications through the iCERT system on a new edition of Form ETA-9089, but will continue to accept PERM applications via the legacy PERM system through September 30, 2009. Beginning on October 1, 2009, the legacy system will be disabled for new applications, but employers and their attorneys will be able to access it to check the status of pending cases and to withdraw cases. From October 1, 2009 onwards, employers and their counsel will be required to use the iCERT portal and the new edition of Form ETA-9089 for all new applications for permanent labor certification.
How This Affects You
In order to submit applications through the new portal, users will be required to register and create iCERT accounts; account information from the existing DOL application systems will not automatically carry over to iCERT. DOL will permit both employers and attorneys to register as iCERT users and create their own accounts. When iCERT is implemented for permanent labor certification applications later this year, employers will no longer be required to establish or maintain PERM subaccounts for their immigration counsel; in a departure from current PERM practice, attorneys will be able to use their own accounts to submit PERM applications on behalf of employers.
DOL will begin accepting iCERT registrations from employers and attorneys as of April 16, 2009. For detailed information on registering and using an iCERT account, see http://www.foreignlaborcert.doleta.gov.
We will provide further information as soon as it becomes available.
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