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[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Page 17545-17546]
From the Federal Register Online via GPO Access []



Employment and Training Administration

Announcing the New iCERT Portal System for Temporary and 
Permanent Labor Certifications

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.


SUMMARY: The Employment and Training Administration (ETA) is announcing 
a new electronic system for submitting the Labor Condition Application 
(LCA) and the Application for Permanent Employment Certification.

DATES: This Notice is effective April 15, 2009.

FOR FURTHER INFORMATION CONTACT: For technical issues stemming from the 
iCERT portal, please contact David Wilson, Chief, Division of 
Technology Applications, Office of Performance and Technology, 200 
Constitution Avenue, NW., Washington, DC 20210, telephone (202) 693-
3493 (this is not a toll-free number), e-mail For 
technical assistance with the iCERT Portal System you may also write to or see the iCERT Factsheet on the ETA Web site. For 
program-related issues, please contact the appropriate National 
Processing Center's help desk. For LCA questions write to For PERM questions write to or 
call: (312) 886-8000 (this is not a toll-free number).


I. Background

    The Department of Labor's Employment and Training Administration 
(ETA), Office of Foreign Labor Certification (OFLC) provides national 
leadership and policy guidance and develops regulations and 
administrative procedures to carry out the responsibilities of the 
Secretary of Labor under the Immigration and Nationality Act (INA) 
concerning foreign workers seeking admission to the United States in 
order to work under the labor certification programs authorized by the 
INA. In the H-1B (including H-1B1 and E-3) program, the Secretary of 
Labor must receive an attestation from the employer about wages, 
working conditions, strikes, lockouts, notice, recruitment and other 
issues related to the possible displacement of U.S. workers as 
specified by Congress in 8 U.S.C. 1182(n) and (t). See also 20 CFR part 
653 and 20 CFR part 655, subparts H and I.
    In the permanent labor certification program (PERM), the Secretary 
of Labor must certify that: (1) There are not sufficient workers who 
are able, willing, qualified, and available at the time of application 
for a visa and admission to the United States and at the place where 
the alien is to perform such skilled or unskilled labor; and (2) 
employment of the foreign worker will not adversely affect the wages 
and working conditions of similarly employed U.S. workers. See 8 U.S.C. 
1182(a)(5)(A)(i); 20 CFR part 656.
    The H-1B nonimmigrant program provides a means for U.S. employers 
to employ foreign workers on a temporary basis in specialty occupations 
while the PERM program allows employers to employ foreign workers on a 
permanent basis. Currently, both programs have electronic applications 
that can be filled out and submitted on-line. The H-1B nonimmigrant 
program requires electronic submission. However, the two electronic 
systems are not linked and an employer desiring to file applications in 
both systems must set up separate accounts. In addition, the PERM 
system does not allow attorneys or agents to have their own accounts. 
The new iCERT system will allow program users to set up one account and 
multiple subaccounts and utilize the account to file in both programs. 
There are enhanced security measures that allow employers, attorneys, 
and agents to control who is authorized to input data and who is 
authorized to submit applications.

II. Information on iCERT System Activation Dates

    The Department plans to initially activate the iCERT system for 
purposes of establishing user accounts and filing the new LCA form 
(9035E). The system will be located at On and 
after April 15, 2009, the iCERT portal will be available for the 
submission of ETA 9035E (electronic LCA H-1B application). The current 
electronic LCA system will continue to be available through May 14, 
2009. However, effective May 15, 2009, the LCA for the H-1B program 
will be available for submission only through the iCERT portal system.
    The PERM application, Form ETA 9089, will become available for 
application submission on September 1, 2009. To allow for an 
appropriate transition, both systems will be active during the month of 
September. However, beginning October 1, 2009, PERM applications will 
be submitted electronically only through iCERT system accounts.

III. Information on Deactivation of Old Electronic Forms

    The Department will deactivate the current electronic version of 
the Form ETA 9035E on May 15, 2009. The Department will deactivate the 
current electronic version of the Form ETA 9089 on October 1, 2009. 
Employers are encouraged to copy all necessary application information 
into the new iCERT system prior to these deactivation dates. The status 
of applications submitted prior to deactivation will continue to be 
available through current system accounts.

IV. Help Desk

    The Office of Foreign Labor Certification has implemented a 
dedicated Help Desk Unit for program assistance at the Chicago National 
Processing Center (CNPC) to serve as a resource to those employers and/
or their representatives in filing LCAs with the Department of Labor. 
Please submit program-related questions by e-mail to The LCA Help Desk e-mail box will be monitored by 
the CNPC during the business hours of 8:30 a.m. to 5 p.m. Central Time

[[Page 17546]]

Monday through Friday. Your e-mail inquiries will be handled as 
expeditiously as possible.

    Signed at Washington, DC, this 6th day of April 2009.
Douglas F. Small,
Deputy Assistant Secretary.
 [FR Doc. E9-8505 Filed 4-14-09; 8:45 am]