Complying with LCA Notice Requirements under the Flag System

Practice Areas

By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio

Summary

Stakeholders will need to create a separate Notice of Filing to comply with Labor Condition Application (LCA) notice requirements under the Office of Foreign Labor Certification’s (OFLC) new Foreign Labor Application (FLAG) system.

What is the Flag System?

FLAG is the OFLC’s new cloud-based platform developed to replace the iCERT System for LCA programs covering the H-1B, H-1B1, and E-3 visa classifications and applications using Form ETA-9035.

When will the Flag system be fully implemented?

Starting October 1, 2019, stakeholders will only be able to prepare LCAs for H-1B, H-1B1 and E-3 visa categories using the FLAG portal.

What to Expect

  • Employers who have not been previously FEIN-verified with ICERT will need to be verified using the FLAG portal.
  • The FLAG system will not generate a complete draft of the LCA in PDF prior to filing.
  • To comply with LCA notice requirements, stakeholders are required to create a separate Notice of Filing with regulatory language.
  • FLAG website remains vulnerable to system outages.

As always, we will continue to monitor for any update on the new FLAG system.

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