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Department of Labor Update – LCAs and PERM Applications
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The Department of Labor (DOL) provided an update regarding the new iCERT system which will be used to file labor condition applications (LCAs) and PERM applications. The iCERT system is now planned to launch on April 15, 2009 for LCA filings. Although the DOL had planned to open the iCERT system in late March 2009 to allow users to register, April 15 is the earliest the system will be available.

Accordingly, attorneys and employers can begin the registration process as well as begin filing LCAs on this new system effective April 15. The current LCA system will remain open until May 14. Effective May 15, the iCERT system must be used for all LCAs. Under the iCERT system, LCAs will no longer receive immediate approval as under the current LCA system. The DOL has advised that LCAs submitted through the iCERT system may take up to seven days to process. In addition, the DOL anticipates that iCERT will be available for the new PERM application in September 2009.

The DOL also provided updates on current PERM processing times as follows:

  • Unaudited PERM cases – currently processing cases with July 2008 priority dates.

  • Audited PERM cases – currently processing cases with September 2007 priority dates.

  • PERM Appeal (non-government error) cases – currently processing cases with June 2007 priority dates.

  • PERM Appeal (government error) cases – current.

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