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AILA Doc. No. 19010403 | Dated January 3, 2019
January 3, 2019. OFLC Issues Frequently Asked Question Regarding H-2A Applications Impacted by the iCERT system failure on January 1
QUESTION: I am an H-2A employer impacted by the iCERT system failure that occurred in the early morning of January 1, 2019, and was not able to file my application 45 days before the start date of work. When system service is restored, will the Chicago NPC consider the recent system outage as a qualifying emergency?
ANSWER: Yes. The Department recognizes that some employers are not able to submit their H-2A applications at least 45 calendar days before the start date of work due to the temporary iCERT system outage. We consider this situation to qualify as good and substantial cause under 20 CFR 655.134. When the Department has restored system service, employers with start dates of need less than 45 days from the date of restored service may file their H-2A applications with the Chicago NPC using emergency procedures and should include a statement that their request for a waiver of the regulatory timeframe for filing is based on the temporary iCERT system outage.
Cite as AILA Doc. No. 19010403.
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