Visa Lawyer Blog
U.S. Department of Labor has implemented a new integrated online system – known as the iCert Portal – through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
– The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
– The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
– One has to indicate the total number of H-1B/H-1B1 non-immigrant workers.
– The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
– In the new LCA, one is required to write NAICS code.
– There is a new section in the new LCA – Employer point of contact information, which requires to indicate the following: full contact’s name; contact’s job; contact’s address; contact’s telephone number; contact’s e-mail address.
– In the new LCA one has to write full contact information of attorney: name; address; telephone number; law firm/business name; law firm/business FEIN; state bar number; state of highest court where attorney is in good standing; name of the highest court where attorney is on good standing. In the old LCA these are not required, one only has to write the name, telephone number and e-mail ID of the attorney.
– In the new LCA one has to write full address of place of employment (address; city; state; county, postal code), you can write up to 3 employment locations.
– DOL can take up to seven (7) working days to certify a LCA. The old LCA Form was valid till June ’09 only. However, DOL is usually provides the LCA certifications within 5 business days.
Our readers are requested to migrate to iCert Portal. Let me know if you feel any kind of problems in iCert or in filing LCAs.