AUTHOR: Maggie Murphy.
The Department of Labor (DOL) is launching an online registry to publish data from certified PERM and Labor Condition Applications filed via its online iCERT system. The registry, expected to launch July 1, will include information about cases certified as far back as April 2009. New cases will be available as early as two business days after certification. The registry will be a searchable database. Users will be able to pull up online information, as well as redacted PDF copies of the applications. The DOL will redact employee names, employee personal information, employer FEINs and other sensitive information. The identities of employers who are sponsoring foreign nationals for employment and the positions involved, however, will be disclosed. As a result, the public will have more access to employment opportunities available by position, company, industry, and location.
Employers wishing to sponsor employees for nonimmigrant H-1B, H-1B1, E-3, H-2A and H-2B visa status for work in the U.S. must file a Labor Condition Application (LCA) with the DOL to attest to fair wage and labor standards. They must provide details regarding the occupation, working conditions, and work locations for which the employee is being sponsored. Employers wishing to sponsor workers for permanent resident status in the U.S. often must start the process by filing a PERM Labor Certification Application with the DOL to attest that it has recruited for the position and cannot find any willing, qualified or able U.S. workers to fill the position. Both the LCA and the PERM applications are filed online (preferably), via the DOL’s iCERT database.
Jackson Lewis has a national immigration team that routinely navigates the iCERT system for daily PERM and LCA filings. We will continue to track the progress of this registry and will inform you when more is known about information to be made public.