Delay of Launch of the iCert PERM Portal
Posted Apr 03, 2009
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There will be a delay in the launch of the new iCert PERM portal for processing labor certifications (LCs). This announcement was confirmed at an American Immigration Lawyers Association (AILA) Conference on March 20, 2009, in Washington DC, by representatives of the U.S. Department of Labor (DOL). Several attorneys from the Murthy Law Firm were in attendance. The DOL has now issued written confirmation that there will be a delay of the launch of the iCert PERM program for the LC (necessary for most employment-based "green cards") until sometime in September 2009.
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New PERM Portal Replaces Current DOL Online Systems
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As our reported to MurthyDotCom and MurthyBulletin readers in Part 1 and Part 2 of our February 2009 article, New DOL System iCert for H1B LCAs, this new, unified PERM/LCA portal will replace the existing DOL online systems for the filing of both labor condition applications (LCAs) for H1B petitions, as well as LCs that are required for many employment-based green card petitions. The new PERM portal was scheduled to become operational on July 1, 2009. The start date for the PERM portal is now anticipated for September 2009, as explained below.
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iCert LCA Portal on Schedule for H1Bs
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The representatives of DOL confirmed that there will be no delay in the implementation of the iCert LCA portal for processing H1B petitions. As planned, the new LCA system will launch on April 15, 2009, when employers and attorneys can set up their iCert accounts and begin submitting the new LCA forms through the iCert portal. A month after its launch of the LCA portal, as of May 15, 2009, LCAs will only be accepted through the iCert system. The existing LCA online system will continue to accept LCA filings through May 14, 2009, at which time it will only be online for case status checks and LCA withdrawals.
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September 2009 Launch for PERM iCert Portal
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The DOL representatives provided a revised timeline for implementation of the PERM portion of the iCert portal, which is now set for sometime in September 2009. The reason given for this delay was unexpected: technical IT issues. As noted in Part 2 of our February article on the PERM iCert portal, there should be a time overlap when both the existing LC online system and the new iCert PERM portal are available for use by employers as PERM/LC filers.
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Conclusion
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Employers should be aware of the upcoming changes to both the LCA and PERM/LC processes. We will continue to track alterations to the DOL's iCert portal system and will update MurthyDotCom and MurthyBulletin readers with pertinent information.