New iCert Department of Labor Systems Leads to Frustration with Government Processing

Earlier this year, the Department of Labor announced that it was revising the system that handles the labor condition application (LCA) associated with the H-1B petition.  Previously, employers (and their attorneys), could submit a Labor Condition Application online and it was immediately processed and certified.  The certified LCA must be included with the H-1B application.

The new system, called the iCert portal, now requires that employers register in the system.  Attorneys can then create their new subaccounts to submit applications on behalf of the employers.  This new system is riddled with problems.  Instead of instantaneous approvals, the Department of Labor (DOL) has promised adjudication in 5-7 business days.  This adds an additional 1-2 weeks of processing time which is frustrating for employers who hire new candidates and need for them to start working immediately.   Further, many of these employers have unmatched federal employer identification numbers (FEIN) which leads to an immediate denial and for the employer to wait while the Department of Labor verifies the FEIN.  Lastly, sometimes after waiting 5-7 business days, the application is denied for no apparent reason, forcing the attorney or employer to refile and wait an additional 5-7 days. 

Why does the government need to “fix” a system that was never broken?  The Department of Labor was originally involved in the immigration system to protect US workers.  Instead, it has added one more layer of bureaucracy into an already murky highly nonsensical process.  As I’ve said to my clients, you shouldn’t need an attorney to assist you with immigration matters, but you do.  This is why.