DOL Offers Guidance on Processing LCAS Under New ICERT System
September 23rd, 2009 by Brian D. Zuccaro
On April 15, 2009, the Department of Labor (DOL) launched the iCERT Portal system. This created a new electronic system for the submission of Labor Condition Applications (LCAs).
The new iCERT system has caused serious problems and delays with LCA processing. Normal LCA processing can now take 5-7 business days. If the DOL cannot verify the employer’s FEIN, the process can be delayed by another 5-7 business days. H-1B paperwork must therefore be started much sooner than in year’s past when the LCA was certified instantaneously.
As a result of problems with the new system, the DOL has now offered FAQS in response to questions arising from the application of the new online system and the newly redesigned ETA Form 9035 and 9035E.
Based on prior experience, it is much more likely that FEIN verification issues will arise with smaller employers. There are procedures to e-mail the DOL at LCA.Chicago@dol.gov with proof of the FEIN before filing the LCA. This preemptive move may save some overall time with the LCA process.
