DOL Announces Changes to its iCERT System for H-2A and H-2B Programs

From the DOL website:

An employer seeking temporary labor certification under the H-2A or H-2B visa programs must submit an application and all required supporting documentation to the Department's Office of Foreign Labor Certification (OFLC) either electronically using the iCERT System (http://icert.doleta.gov) or by U.S. mail.

Since 2013, the iCERT System has permitted employers or, if applicable, their authorized attorneys or agents to submit H-2A and H-2B applications online, electronically upload supporting documentation, and receive all communications during the processing of their applications via electronic mail (e-mail). For Fiscal Year 2017, more than 83% of H-2A applications and approximately 94% of H-2B applications were submitted electronically through the iCERT System with very little system disruption during the peak filing season for customers. OFLC continues to strongly encourage customers to file applications electronically. Our experience is that the electronic submission of all required documentation, at the time of filing the application, facilitates a more efficient and consistent review of the employer's application, and reduces the incidence of the OFLC Certifying Officer returning the incomplete application without further review or issuing a Notice of Deficiency to request missing documentation.

In an effort to provide better customer service and ensure more complete H-2A and H-2B applications are submitted for review, OFLC will release new enhancements to the iCERT System's application filing module that will help employers or, if applicable, their authorized attorneys or agents identify and upload required documentation supporting their applications. These new system enhancements provide easy-to-understand steps and instructions that customers will complete in order to submit more complete applications for processing. We believe this enhancement will serve to clarify regulatory filing requirements and improve the quality and consistency of H-2A and H-2B applications received for processing.

We strongly encourage employers or, if applicable, their authorized attorneys or agents to download and read the Quick Start Guides associated with these new system enhancements. Please click on one of the following links to access the Quick Start Guides in Adobe PDF format: H-2A program or H-2B program.

iCERT Enhancement Effective Date: On or about October 10, 2017.

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Cite as AILA Doc. No. 17100674.

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