There are continuing access issues to the OFLC especially the current impact of higher than usual number of users seeking access after the shutdown but the OFLC has assured that it is working on resolving the issues. In addition, the DOL has advised that it will be re-sending PERM verification questionnaires electronically for those PERM cases for which questionnaires had not been sent due to the shutdown.

While the iCERT and PERM portals were re-started on Friday, October 18, they remain slow. At the time of this posting, the availability of both iCERT and PERM was spotty, and both systems were down for some time due to “maintenance” to handle the increase in traffic. Members report waiting hours to file a single LCA earlier this morning.

In the meantime, many DOL-related questions remain, such as how to avoid a PERM denial for a case that is ready to be filed but for a prevailing wage that expired and/or recruitment that went stale during the shutdown. The AILA DOL Liaison Committee has raised this and other urgent questions with DOL. DOL responded by saying that it is actively looking at these issues and will provide guidance shortly.

The OFLC Help Desk has indicated that PERM applications, where the automatic sponsorship survey was required to be submitted during the government shutdown period (October 1 through October 18), will be adjusted to provide an additional seven days to complete the survey through the PERM online system. Applicants will be notified when the case adjustment has been completed.