Klasko, Rulon, Stock & Seltzer, LLP: Blog » Labor

Supreme Court Upholds Arizona Law Mandating Use of E-Verify

Matthew Galati — Thu, 26 May 2011 23:36:25 +0000

The U.S. Supreme Court today issued an opinion upholding the “Legal Arizona Workers Act” which mandates private employers’ use of E-Verify and supplies state-law sanctions against those who knowingly or intentionally employ aliens without work authorization.

The decision has far-reaching effects outside of Arizona. By upholding the law, the Supreme Court has cleared the way for 50 different state laws regarding employment eligibility verification and the penalties for noncompliance. As such, employers need to be aware of the laws in their state when hiring new personnel. For further information regarding E-Verify, visit our Worksite Compliance web site. Contact your Klasko Law attorney if you have specific questions regarding employment eligibility verification for your company or organization.

DOL Delays iCERT Effective date

wstock@klaskolaw.com — Wed, 13 May 2009 02:04:14 +0000

I previously posted about the DOL’s iCERT system, its new “portal” through which employers could prepare and file Labor Condition Applications for H-1B petitions. DOL previously announced that the iCERT system would become mandatory as of this Friday (right now, while we can file LCAs through iCERT, we can also file them through the existing system).

Because of the large number of errors and glitches identified by users of the iCERT portal in the three weeks since it became available to file LCAs, DOL told the American Immigration Lawyers Association, NAFSA and other stakeholders today that it would be announcing a delayed effective date for when the new iCERT portal would become mandatory.

According to AILA, June 30, 2009 will be the new date for iCERT to be the exclusive means to obtain a certified LCA for H-1B purposes. Until then, either iCERT or the existing LCA Online system can be used to file LCAs.

DOL’s iCERT Portal Now Available for LCAs

wstock@klaskolaw.com — Wed, 15 Apr 2009 16:05:58 +0000

As I metioned previously, DOL is revising the electronic system through which Labor Condition Applications for H-1B workers are submitted. Employers will have to register and have their existence verified through the iCERT portal before being able to file LCAs after May 15.

The iCERT portal is available here for employers to register, even if they do not have an immediate need for an LCA. While the system is optional until May 15, it will become mandatory as of May 15, and it would be best for employers to be registered now so as to avoid delays the next time an LCA needs to be filed.

The iCERT portal will also become the site through which PERM applications are filed, but not until at least September of this year.