DOL iCERT Outage Will Delay LCAs, Wage Determinations, and Temporary Labor Certifications

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At a glance

• Due to a system malfunction on January 1, the iCERT system is expected to be offline for at least several days. It is not yet clear when the system will be back in operation. DOL expects to provide an update on Thursday, January 3.
• While the system is offline, no labor condition applications, prevailing wage requests, or H-2A/H-2B temporary labor certifications can be filed or accessed, which could delay filings for certain immigration benefits. The PERM system remains in operation.

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The situation

The Department of Labor’s iCERT system – the web-based portal used by employers to seek labor condition applications, prevailing wage determinations and H-2A/H-2B temporary labor certifications – malfunctioned on January 1, 2019 and has been taken offline until further notice.  The problem was caused by a surge of labor certification applications filed early on January 1, the first day of a semi-annual filing period for H-2B temporary nonagricultural workers. The PERM system is operating as usual.

DOL reports that it is actively trying to restore iCERT within a few days. The agency is expected to provide at least 24 hours' notice before the system is re-opened, and will provide another update on Thursday, January 3. As such, the system is likely to remain offline until at least January 4.

What the iCERT outage means for employers and foreign nationals

Employers seeking to create, edit or file H-1B, H-1B1, or E-3 labor condition applications, H-2A/H-2B temporary labor certification applications or prevailing wage requests will be unable to do so until iCERT is restored. Since the entire system is inaccessible, employers are unable to view any prior filings or access their accounts. The disruption could have the following specific immigration impact:

• Delay an employer’s ability to file H-1B, H-1B1, or E-3 nonimmigrant petitions or applications with USCIS or other immigration agencies, as a certified LCA is a requirement of these nonimmigrant classifications.
• Delay the filing of a PERM labor certification application, the first step in the permanent residence process, if the mandatory DOL prevailing wage determination is necessary for filing. For H-1B employees reaching the end of their fifth year in H-1B status, a delayed PERM labor certification filing could affect their eligibility for H-1B extensions beyond their sixth year.
• Delay an employer’s ability to file temporary labor certification applications for H-2A and H-2B temporary agricultural and nonagricultural workers.

It is not yet known whether USCIS will provide a grace period for immigration cases that cannot be filed timely due to the DOL outage. Fragomen continues to monitor the iCERT system disruption and will provide updates as new information becomes available.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.