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Immigration Update

New Labor Condition Application (ETA-9035) Process Causes Filing Delays
MVA Immigration Team
May 6, 2009

While the new iCERT system allows for the immediate submission of LCAs online, LCAs submitted through iCERT will be subject to review by an officer that may take up to seven (7) business days.  This is a significant increase from the processing time of the current LCA online system, which provides automatic certification of LCAs based upon electronic review.  

The iCERT system was initially rolled out on April 15, 2009, and current reports indicate that DOL is generally taking four to seven (4-7) business days to adjudicate LCAs submitted through iCERT.  Beginning May 15, 2009, all new LCAs will have to be submitted through the iCERT portal. Much like the existing system for PERM, the DOL will send an email to the company contact to inform them that an LCA has been filed on behalf of the company by their attorney, and another email when a decision has been to certify or deny the LCA.

In anticipation of the full implementation of iCERT, we recommend that clients be aware of this increased LCA processing time as it could significantly impact the expeditious filing of petitions for H-1B, H-1B1, and E-3 status and plan ahead to allow enough time for the LCA to be certified before the case must be filed. 

If you have any questions regarding the processing delays that will be caused by the new LCA filing system, please call or email your MVA Immigration Team contact.