Electronic Filing of LCA in FLAG System

Starting September 16, 2019, stakeholders were able to begin preparing H-1B, H-1B1, and E-3 applications using the Form ETA-9035E, Labor Condition Application (LCA) for Nonimmigrant Workers in the Department of Labor's FLAG System. The FLAG System will not permit the submission of LCA applications until 12:00 PM Eastern Time on October 1, 2019.

The ability to submit LCA applications using the iCERT System will be deactivated at 12:00 PM Eastern Time on October 1, 2019. The Office of Foreign Labor Certification (OFLC) has confirmed, however, that it will process those LCA applications that are submitted through the iCERT system before the transition, and stakeholders will be able to access their iCERT System accounts to check the status of applications submitted through the iCERT System.

Furthermore, the Department of Labor confirmed that, while nothing is being transferred from iCERT to FLAG, employers who are currently FEIN-verified in iCERT will be FEIN-verified in FLAG. In other words, currently verified employers will not need to re-verify FEINs on October 1, 2019, when the LCAs go live in the FLAG portal. As is standing policy, new employers who have not been FEIN-verified will have to undergo the verification system in the FLAG portal.