News Updates

New iCERT Visa Portal System Being Implemented by U.S. Department of Labor for Labor Condition Applications for H-1B, H-1B1 and E-3 Petitions

The U.S. Department of Labor's (DOL) Employment and Training Administration (ETA), Office of Foreign Labor Certification has developed a new iCERT Visa Portal System to provide employers and their representatives (i.e. attorneys) a "secure and reliable means to access case information across all of the supported visa type programs," including H-1B, H-1B1, E-3, and PERM.  Use of the portion of the system that addresses the H-1B, H-1B1 and E-3 petitions will become mandatory on June 30, 2009.  The portion of the system that will address PERM Labor Certification Applications for the "green card" process will not be available for use until Fall 2009.
 
This new iCERT Visa Portal system will replace the old DOL online system for certifying Labor Condition Applications.  Our Firm has been preparing for the launch of this new iCERT system and has developed a new process to assist our clients with the Labor Condition Application (LCA) and Public Access File requirements for H-1B, H-1B1 and E-3 petitions.  As our clients initiate new cases/matters for H-1B, H-1B1 and E-3 petitions, including cap cases, change of employers, new employment, extensions and amendments, we will provide you with new instructions for the creation and retention of the Public Access File, as well as the preparation and filing of the Labor Condition Application and prevailing wage issues.
 
Although the LCA certification process is still online, the DOL has stated that there will no longer be "instantaneous" certification of an LCA.  The DOL regulations provide that the DOL has seven (7) business days to review and certify or deny an LCA submitted for processing to the ETA.  For the past several years, with the online certification system, we have been obtaining immediate certification of LCAs which permitted the filing of H-1B, H-1B1 and E-3 cases "at the last minute" in many instances.  Unfortunately, this instantaneous certification will cease to exist as of June 30, 2009.  Therefore, we strongly recommend that employers initiate H-1B, H-1B1 and E-3 petitions as far in advance as possible to allow for the DOL's longer processing time for the certification of an LCA which must be filed with an H-1B, H-1B1 or E-3 petition.

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