The Department of Labor held two public briefings on February 4 and 9, 2009, in San Diego and Baltimore, respectively, to educate interested public on the redesign of two commonly used Forms: the ETA 9089 (the PERM Form) and the ETA 9035 (the Labor Condition Application, or LCA). The Labor Department conveyed that the purpose of the new forms was not to implement policy changes, but that the format changes were to improve ease of use and to prevent fraud. The new Form ETA-9035 portal, known as iCERT, used to execute the LCA, will be functional as of April 15, 2009, and its use will become mandatory as of May 15, 2009. Emphasis was placed on the fact that LCAs will no longer be certified within minutes. Instead, the Labor Department will take up to the full seven days permitted by the regulations to certify LCAs.
The new PERM Form will be accepted beginning July 1, 2009, and its use will become mandatory as of August 1, 2009. The old system will continue to be available for status checks and withdrawals. A Federal Register notice will be published to confirm the registration dates for the iCERT portals.