File eta 9089 with dol

The process to obtain an employment based permanent labor certification can sometimes take up to several months after completing the necessary recruitment steps and filing the application with the National Processing Center. How do I find the status of my permanent case? An employer should pro-actively and regularly, advisably once a month or less, monitor the status of an electronically filed labor certification application via the Permanent Case Management System, and compare its filing date, i.

If there is more than a day difference between the employer's filing date and the PERM processing time, the employer may contact the National Processing Center NPC for a status update. An employer who filed a labor certification application via mail may contact the National Processing Center's Help Desk at for a status update. What do I do now that the permanent labor certification is approved?

In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U. The occupations listed under Schedule A include: Group I. Physical Therapists - who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and Professional Nurses - the alien i has a Commission on Graduates in Foreign Nursing Schools CGFNS Certificate, ii the alien has passed the National Council Licensure Examination for Registered Nurses NCLEX-RN exam, or iii the alien holds a full and unrestricted permanent license to practice nursing in the state of intended employment.

Group II. Foreign Labor Certification Helping U. Permanent Labor Certification Details. On This Page. Quick Links. Overview A permanent labor certification issued by the Department of Labor DOL allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U. To improve the operations of the permanent labor certification program PERM , ETA published a final regulation on December 27, , implementing a new, re-engineered permanent labor certification program, effective March 28, This new electronic program has improved services to our various stakeholders.

Applications filed under the regulation in effect prior to March 28, , continued to be processed under the rule in effect at the time of filing at an appropriate Backlog Elimination Center until such time as the backlog was eliminated. Where an employer chose to withdraw an application filed under the regulation in effect prior to March 28, , and still in process, and to refile an application for the identical job opportunity under the refile provisions of the PERM regulation, the employer was permitted to use the previously filed ETA Form application filing date.

The certification has a validity period of days and expires if not submitted to USCIS within this period. There must be a bona fide, full-time permanent job opening available to U. Job requirements must adhere to what is customarily required for the occupation in the U.

In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity. The employer must pay at least the prevailing wage for the occupation in the area of intended employment. Supporting documentation may not be filed with the ETA Form , but the employer must provide the required supporting documentation if the employer's application is selected for audit or if the Certifying Officer otherwise requests it.

Retention of records. The employer is required to retain copies of applications for permanent employment certification and all supporting documentation for five years from the date of filing the ETA Form For example, the NPWC prevailing wage determination documentation is not submitted with the application, but it must be retained for a period of five years from the date of filing the application by the employer.

Online filing. The employer has the option of filing an application electronically using web-based forms and instructions or by mail. However, DOL strongly recommends that employers file electronically. Not only is electronic filing, by its nature, faster, but it will also ensure the employer has provided all required information, as an electronic application can not be submitted if the required fields are not completed.

Additionally, when completing the ETA Form online, the preparer is provided prompts to assist in ensuring accurate data entry. By completing an Employer Profile, the employer is able to: Save time by pre-populating its general information. View the status of its labor certification applications online. In general, the DOL works to ensure that the admission of foreign workers to work in the U.

Once a permanent labor certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS. A permanent labor certification issued by the Department of Labor DOL allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.

To improve the operations of the permanent labor certification program PERM , ETA published a final regulation on December 27, , implementing a new, re-engineered permanent labor certification program, effective March 28, This new electronic program has improved services to our various stakeholders. Applications filed under the regulation in effect prior to March 28, , continued to be processed under the rule in effect at the time of filing at an appropriate Backlog Elimination Center until such time as the backlog was eliminated.

Where an employer chose to withdraw an application filed under the regulation in effect prior to March 28, , and still in process, and to refile an application for the identical job opportunity under the refile provisions of the PERM regulation, the employer was permitted to use the previously filed ETA Form application filing date.

The certification has a validity period of days and expires if not submitted to USCIS within this period.