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New DOL iCERT System Means Delays for LCAs and H-1B Filings

June 30, 2009

The Department of Labor (DOL) has implemented a new iCERT system that will allow users to set up one account and utilize that account to file Labor Condition Applications (LCAs) for H-1B petitions and to file PERM labor certification applications. Currently, the iCERT system is only available for purposes of establishing user accounts and filing the new LCA (Form 9035E).

The old LCA system for H-1B petitions will be taken down at the end of day on June 30, 2009, and the new iCert system will become mandatory beginning July 1, 2009. Under the iCERT system, DOL will take up to seven business days for LCA certification. The timeline for filing an H-1B, H-1B1, or E-3 petition will increase since these petitions must be filed with certified LCAs. Instead of being able to obtain a certified LCA instantly, as is generally possible with the previous system, employers will need to wait up to seven days to obtain the certified LCA and should adjust their plans accordingly.

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