[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5210-5211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01406]



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DEPARTMENT OF LABOR

Employment and Training Administration


Open Government Initiative: Implementation of the iCERT Labor 
Certification Registry for the H-1B, H-1B1, E-3, H-2A, H-2B and 
Permanent Labor Certification Employment-Based Immigration Programs

AGENCY: Employment and Training Administration, Department of Labor.

ACTION: Notice.

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SUMMARY: The Employment and Training Administration (ETA) is announcing 
a new initiative to make available to the general public appropriately 
redacted copies of H-1B, H-1B1, E-3, H-2A, H-2B and permanent labor 
certification documents through its iCERT Visa Portal System. This new 
online tool, formally called the iCERT Labor Certification Registry 
(LCR), is a component of the Department of Labor's Open Government 
initiative and provides an additional level of transparency for the 
labor certification decisions issued by the ETA Office of Foreign Labor 
Certification (OFLC). The iCERT LCR provides searchable access to 
copies of labor certification documents and labor condition application 
documents as well as the latest quarterly and annual case file datasets 
through a single location. Public access to the iCERT LCR will be 
available at http://icert.doleta.gov beginning July 1, 2013.

DATES: Effective July 1, 2013.

FOR FURTHER INFORMATION CONTACT: For further information, contact 
William L. Carlson, Ph.D., Administrator, Office of Foreign Labor 
Certification, ETA, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room C-4312, Washington, DC 20210; Telephone (202) 693-3010 (this 
is not a toll-free number). Individuals with hearing or speech 
impairments may access the telephone number above via TTY by calling 
the toll-free Federal Information Relay Service at 1-800-877-8339.
    For technical issues related to the Department's implementation of 
the labor certification registry, please contact the iCERT Visa Portal 
System Team, Office of Foreign Labor Certification (OFLC) by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Immigration and Nationality Act (INA) assigns specific 
responsibilities to the U.S. Secretary of Labor for the administration 
of certain employment-based immigration programs that require either a 
labor certification or, in the case of an H-1B, H-1B1, or E-3 visa, a 
labor condition application (LCA). These statutory responsibilities 
include, in the case of labor certifications, determining whether there 
are able, willing, and qualified U.S. workers for a position for which 
certification is requested and whether there would be any adverse 
impact on similarly employed U.S. workers should labor certification be 
granted. Statutory and regulatory provisions require all employers 
seeking a labor certification for either permanent or temporary 
nonimmigrant labor to first apply to the Secretary of Labor for 
certification or for an LCA. The Secretary has delegated the 
responsibilities for the administration of these programs to the 
Employment and Training Administration's (ETA) Office of Foreign Labor 
Certification (OFLC). Foreign labor certification programs have as a 
primary responsibility the review of employer-filed applications 
requesting the Secretary of Labor's certification to ensure that the 
hiring of a foreign worker will not adversely impact the wages and 
working conditions of U.S. workers, and that no qualified U.S. workers 
are willing or available to fill a given vacancy.
    As a component of the Department of Labor's (the Department) Open 
Government initiative, the OFLC is implementing a new Labor 
Certification Registry (LCR) through its iCERT Visa Portal System that 
provides the general public access to appropriately redacted copies of 
labor certification documents issued to employers in the H-1B, H-1B1, 
E-3, H-2A, H-2B and permanent labor certification programs. The iCERT 
LCR provides the public with a single, easy to search, location to the 
OFLC's labor certification and LCA documents as well as the office's 
latest quarterly and annual case disclosure data. Public release of 
these documents and data provides an additional level of transparency 
while respecting any personally identifiable information. OFLC has 
taken steps to ensure that private, sensitive, or legally protected 
information will be redacted, as appropriate.
    This initiative is in compliance with the Privacy Act, the Trade 
Secrets Act and the Confidential Information Protection and Statistical 
Efficiency Act. We have taken steps to ensure that appropriate 
information will be redacted in connection with the Department's 
responsibilities, or potential responsibilities, pursuant to these 
statutes. This information will change depending upon the form, but 
will include data such as the Federal Employer Identification Number 
(FEIN) of the employer, revenue reported by the employer, and the name, 
address and class of admission of the foreign worker.
    Prior to this public database becoming available, access to OFLC 
labor certification and LCA documents typically required submitting a 
Freedom of Information Act (FOIA) request directly to the Department 
and waiting for a response. For the first time, the iCERT LCR will 
provide the general public with real-time access to appropriately 
redacted copies of current and historical labor certification and LCA 
documents that are searchable across a series of common data points. 
OFLC anticipates that public access to labor certification and LCA 
documents through the iCERT LCR will significantly reduce the need for 
individuals to request and obtain such documents through the 
Department's FOIA process.

II. Labor Certification Registry Availability and Functional Components

    Public access to the LCR will be available through the iCERT Visa 
Portal System at http://icert.doleta.gov. The public will not be 
required to create an iCERT system account in order to access documents 
and information contained on the registry. All documents placed on the 
LCR (e.g., ETA 9142, ETA 9035E) will be accessible in either Adobe 
Portable Document Format (PDF) or HyperText Markup Language (HTML) 
format and contain certain information from official labor 
certifications and LCAs issued by the OFLC. The iCERT LCR will not, 
however, disclose data or information subject to privacy, security, or 
privilege limitations.
    The functional components of the iCERT LCR are built upon and fully 
integrated with the iCERT H-2A Public Job Registry, which was released 
on July 1, 2010, as part of the Department's implementation of the H-2A 
2010 Final Rule and will provide the public with the following 
functional features:
     An interactive map of U.S. states and territories 
displaying all labor certification and LCA documents posted within the 
last 30 calendar days;
     A ``quick search'' feature from the main home page 
allowing users to execute basic queries along a common set of data 
points including the ETA case number, visa classification, employer 
name, job title, industry, state or territory, zip code radius, and 
posting date range;
     An advanced search feature allowing users to conduct more 
detailed

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searches based on occupations, industries, education and training, 
range of wage offers, worker positions requested, and dates of 
employment;
     Easy-to-understand search results displayed in a table 
format with sortable column headings, select data points to further 
filter the search results, and quick links to view or download the 
document in either redacted Adobe PDF or HTML format;
     Access to OFLC's latest program annual and quarterly 
performance reports and case file datasets in easily accessible formats 
for performing more in-depth longitudinal statistical research and 
analysis; and
     Access to important social media platforms for users to 
stay connected to the Department's Open Government initiative and 
provide meaningful feedback.
    Initially, the iCERT LCR will provide the public with access to 
appropriately redacted copies of H-1B, H-1B1, E-3, H-2A, H-2B and 
permanent labor certification documents issued by the OFLC on or after 
April 15, 2009; the date on which the iCERT Visa Portal System was 
implemented. Beginning July 1, 2013, the iCERT LCR will post for public 
access all labor certification documents no later than 2 business days 
after the official decision is rendered.

III. Help Desk

    Those members of the public needing technical assistance accessing 
or searching the Labor Certification Registry should direct requests to 
the iCERT System Team, OFLC, at [email protected], and include 
``Labor Certification Registry--Technical Assistance'' in the subject 
line of the email.

    Signed in Washington, DC, this 14th day of January 2013.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 2013-01406 Filed 1-23-13; 8:45 am]
BILLING CODE 4510-FP-P