The labor certification application is filed with a State Employment Security Agency (SESA) - in California, the Employment Development Department (EDD). It should be in the state where your employer or your job is located. Labor certification is the most involved portion of the permanent residency process. It is also the portion for which the assistance of the employer is most needed.

The application form (Department of Labor form ETA-750, which consists of two parts: Part A and Part B) should be submitted in duplicate with original signatures on each copy.

ETA 750 Part A which describes the employer, description of job offered, the minimum job requirements, and the salary. This is the form which must be drafted with particular care, for it is the form under which all applicants will have their qualifications compared to the qualifications of the alien being sponsored for permanent residency. But job description and job requirements should not be specifically tailored to foreign national's unduly restrictive toward qualified U.S. citizens or Legal Permanent Residents who may wish to apply for the position. This form has to be signed by the employer.

ETA Part B describes the qualifications and experience of the alien for whom the labor certification is being filed. It includes details about the candidate's educational and work-related background. Copies of the candidate's educational degrees and transcripts and letters from previous employers verifying the candidate's experience accompany Part B.
Download Fillable(Type In) ETA 750 Part B.

Part A and Part B should be consistent to prove that the alien is capable of doing the job being offered. This form has to be signed by the employee.

Upon receipt, the SESA stamps a date on the application, and that is the priority date for the entire case.

SESA(or EDD) reviews the application for completeness, dates it, and assesses whether the wage being offered and the designated requirements are appropriate. If everything is appropriate, they will return them to the employer, asking for particular changes. At this point, the employer either responds by submitting evidence establishing its needs for the particular job requirements (or evidence that the wage is sufficient for the position) or complies with the Department of Labor's requested changes and amends the Form ETA 750A accordingly.

If everything is appropriate, the state office instructs the employer how to go about recruiting U.S. workers. Because the regulations require a fairly specific and extensive recruitment process, it is likely that any previous recruitment efforts will be deemed insufficient by the Labor Department.