Decommissioning of Legacy iCERT System
The US Department of Labor Online System Shutdown Office of Foreign Labor Certification (OFLC) has announced that the legacy iCERT system for labor certification applications will be fully decommissioned on December 1, 2024. This is consistent with the DOL’s longtime goal and its current efforts to modernize the Permanent Labor Certification (PERM) process.
Transition to FLAG System
In 2018, OFLC discontinued usage of ICERT and replaced it with the Foreign Labor Application Gateway (FLAG) system. The transition included the migration of prevailing wage determinations and various visa programs. As of May 16, 2023, the OFLC started accepting the new Form ETA-9089 through the FLAG system, marking a significant step in the PERM modernization initiative.
Upcoming Decommissioning Deadline
By December 1, 2024, the legacy Permanent Online System, which includes public access to labor certification applications and final determinations, will no longer be available. Stakeholders, including account holders and the general public, will need to transition to the FLAG system.
- Deadline: All actions including downloading existing documents or submitting new ones must be completed by November 30, 2024 at 7:00 PM EST. This deadline applies to requests for reconsideration and other actions on the pending applications.
Processing of Legacy System Applications | US Department of Labor Online System Shutdown
Any pending applications on the legacy system after the 30th of November, 2024, will still be handled by the Office of Foreign Labour Certification. However, stakeholders who need to submit documents or request specific case actions can do so by reaching the PERM Help Desk at PLC.Help@dol.gov. Submissions should be done electronically in the PDF format with the iCERT case number as the title.
Notifications and Correspondence | US Department of Labor Online System Shutdown
All employers, attorneys and agents are advised to keep checking their account emails for updates on legacy applications which are still in process. DOL will still use these channels to convey crucial information and deadlines to the stakeholders.
PERM Certifications and Form I-140 Filing
OFLC has started issuing PERM certifications for cases filed in the FLAG system, using the updated Form ETA-9089. In response, USCIS has provided guidance on filing Form I-140 with the new form.
- Key Point: With regards to PERM based petitions, only the signed and certified two page document referred to as the “PERMANENT EMPLOYMENT CERTIFICATION APPROVAL,” should be submitted with form I-140. This document needs the endorsement or signatures of all parties in the labor certification.
- Data Transmission: The DOL will transmit the remaining data collected from Form ETA-9089 and Form ETA-9141 application directly for review and decision by USCIS.
Special Cases: Schedule A and National Interest Waivers
For Schedule A (Group I or II) I-140 petitions, besides the final determination document, complete Form ETA-9141, form ETA-9089, Appendix A and relevant appendices have also to be submitted by the petitioner. Similarly, national interest waiver I-140 petitions require the full Form ETA-9089 and applicable appendices, together with the signed final determination document.
This change reflects how the DOL is moving towards simplifying and making more efficient the process of labor certification and stakeholders are encouraged to stay informed and take necessary actions before the decommissioning deadline.
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