NAFSA's iCERT Resource Page

Background

On April 15, 2009, the Department of Labor Office of Foreign Labor Certification (OFLC) began implementing the iCERT system. The system requires employers or attorneys to create a user account, from which they will eventually be able to file LCAs and PERM applications, and request NWPHC prevailing wage determinations. LCA functionality was added first, on April 15, 2009. PERM functionality is still under development. DOL plans to add prevailing wage request functionality (Form ETA 9141) on or about January 20, 2010.

All employers and attorneys or agents who file LCAs or PERM will have to set up new accounts in the iCERT system, as no current LCA or PERM login data will transfer from the current LCA and PERM online systems to the iCERT system. DOL began implementing the iCERT system for LCAs on April 15, 2009, and has required all LCAs to be filed through the system as of June 30, 2009.

Note: LCA processing may take longer than it does in the current electronic system. DOL has stated that since the new system will incorporate a higher standard of DOL review before certification is granted, LCA processing will not be as instantaneous as it is under the current online system. The regulations at 20 CFR 655.730(b) say that "ETA will process all LCAs sequentially and will usually make a determination to certify or not certify an LCA within seven working days of the date ETA receives the LCA." DOL has said that they reserve the right to use the full seven-day period referenced in the regulations. Employers should take these longer processing times into account in their business process flow, once they start using the iCERT system.

iCERT functional features

DOL's iCERT Visa Portal User Guide describes the following features of the new system:

• A single one-stop portal or “entry point” allowing employers to prepare, submit, and track applications for labor certification 24 hours a day and seven days a week;
• A central repository for OFLC immigration related content, including FAQs, forms, news, alerts, and other information;
• A common search engine through which any visa application submitted through the iCERT Portal can be queried and its status reviewed;
• Reduces customer response time to required visa applications by prepopulating USDOL forms with business, contact, and even attorney/agent information;
• Create and manage subaccount users, such as your HR staff or in-house legal counsel, to prepare and submit visa applications on behalf of employers; and
• Submit requests to withdraw visa applications for labor certification or authorize subaccount users to do so on behalf of employers
  

The iCERT system

The system enables employers and attorneys or agents to set up sub-accounts for multiple users, called "associate accounts," and assign different levels of privileges (filing, withdrawal, etc.). Each associate account user will have their own individual username and password. Based on user concerns with the employer-specific restrictions in the current PERM system, DOL designed iCERT as an "open" system where any individual could set up an account or multiple accounts as either the "employer" or "attorney or agent."

The iCERT portal login page features hyperlinks to some useful tools, including:

• System alerts
• Immigration news
• Downloadable forms
• Prevailing wage information
• Searchable case status information
• FAQs
• Legacy DOL programs

From the summary screen, users will be able to review and edit profile summary information, manage associate accounts, and even create the LCA right from the summary screen. This screen also offers a Case Quick Search function to search up to 25 cases at a time or one by one by LCA case number.