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PERM Labor Certification Application

The PERM labor certification application is the last step in the process of getting a certified PERM. The application must be filed with the Department of Labor’s Employment and Training Administration (ETA), with the exception of Schedule A and sheepherder applications.  An application for a Schedule A occupation is filed with the appropriate Department of Homeland Security office and not with a Department of Labor National Processing Center.

There is no filing fee for PERM.

Notice of Filing

Before filing the PERM application, the employer must post a Notice of Filing for at least 10 consecutive business days. 

It must contain the following information:

  • employer name and location
  • general job description
  • wages and other compensation
  • contact information to send resumes

Posting dates must be included in the PERM recruitment report.

Alternatively, an employer may post it indefinitely, as long as it was posted for at least 10 consecutive business days, all of which fall within 30 to 180 days prior to filing the PERM application.

A business day is counted as a day when the employer is open for normal business.  It can be Saturday, Sunday, or even a Federal Holiday, as long the employer can demonstrate that it was open for business on those days.  Any days when the employer is not open should be excluded from the counting of days.

PERM Labor Certification Application Process

The employer has the option of filing an Application for Permanent Employment Certification (ETA Form 9089) electronically (using web-based forms and instructions) or by mail. Employers are not permitted to submit applications by fax. 

Electronic Filing

The Department of Labor recommends that employers file the application electronically. Not only is electronic filing faster, but it also ensures that the employer has provided all the required information since an electronic application cannot be submitted unless all the required fields have been  completed.

The employer can access the Flag System at the DOL’s website. After registering and establishing an account, electronically fill out and submit an Application for Permanent Employment Certification (ETA Form 9089).

The website also provides an option to permit employers that frequently file permanent applications to set up secure files within the ETA electronic filing system containing information common to any permanent application the employer files. Under this option, each time an employer files an ETA Form 9089, the information common to all of their applications, e.g., employer name, address, etc., will be entered automatically, and the employer will only need to enter the data specific to the application at hand.

It is possible to complete only portions of an application, which can be saved as a draft.

Upon receiving the labor certification, the application must be printed and signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.

Filing by Mail

Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the processing center.

It should be mailed to:

United States Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Atlanta National Processing Center
Harris Tower
233 Peachtree Street, N.E., Suite 410
Atlanta, Georgia 30303

The Atlanta National Processing Center can be reached at:
Telephone: (404) 893-0101
FAX: (404) 893-4642

Email: [email protected]

There are no advantages in filing the application by mail. Once the DOL receives the application, they will enter the data into their system, but the rest of the process is the same.

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Documentation

The employer must file a completed Application for Permanent Employment Certification (ETA Form 9089). Supporting documentation does not need to be filed with the application, except as required for applications filed under Schedule A. However, 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.

The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification, ETA Form 9089.

Whenever the employer provides a copy of an application to a Certifying Officer pursuant to an audit or otherwise, the copy must be signed.

The application describes the job duties, educational requirements, training, experience, and other special capabilities that the alien must possess to do the work, as well as a statement of the prospective alien’s qualifications.

Attestation

The employer may be required, depending on the circumstances, to establish that the position offered is actually available at the time of the alien’s proposed entrance into the United States. For example, the employer may be asked to provide evidence that a plant or restaurant, which is in the planning stage or under construction at the time the application is filed, will be completed at the time of the alien’s proposed entrance into the United States. While the employer may be fiscally able to pay the alien, other circumstances, such as non-viability of the business itself, may preclude the employer from placing the alien on the payroll.

Personal Identifiers

The Department of Labor may issue or require the use of certain identifying information, including user identifiers, passwords, or personal identification numbers (PINs). The purpose of these personal identifiers is to allow the Department of Labor to associate a given electronic submission with a single, specific individual. Personal identifiers cannot be issued to a company or business. Rather, a personal identifier can only be issued to a specific individual. Any personal identifiers must be used solely by the individual to whom they are assigned and cannot be used or transferred to any other individual. An individual assigned a personal identifier must take all reasonable steps to ensure their personal identifier cannot be compromised. If an individual assigned a personal identifier suspects, or becomes aware, that their personal identifier has been compromised or is being used by someone else, then the individual must notify the Department of Labor immediately of the incident and cease the electronic transmission of any further submissions under that personal identifier until a new personal identifier is provided. Any electronic transmissions submitted with a personal identifier will be presumed to be a submission by the individual assigned that personal identifier. The Department of Labor’s system will notify those making submissions of these requirements at the time of each submission.

Retention of Records

The employer must retain the copy of the PERM application, certified PERM, and all supporting documentation (even if not submitted with the application) for five years from the date of filing the PERM application.

This documentation must be present if the employer’s application is selected for audit or if the Certifying Officer otherwise requests it.

Premium Processing

There is no premium processing or expedited processing available for PERM processing.

Questions

Technical Questions:   [email protected]

Other questions: [email protected]

PERM Application Status

The following are the different status indicators for PERM applications submitted online:

  • Incomplete:  An application has not been formally filed or submitted, and it is still a temporary draft.  The case number would have a “T” in front of it.

    Once the application is submitted, it would change to an “A” letter instead.

  • In process: The application is in the process of moving through the DOL’s certification process. If the further information or documentation from the employer is required in a review stage, the employer will be notified.

    While the application is in this status, do not send any unsolicited documentation to the National Processing Center, or your application will be automatically selected for audit.

  • Withdrawn:  The employer has withdrawn the application.
  • Denied: The application is denied.

    A Final Determination Form, stating the reasons for the determination and advising the employer of how to request review, should the employer choose to do so, will be sent to the employer.  As that must be included in any request for review, the employer must wait to actually receive the form before making such a request.  Also, to avoid repeating errors made in the original application, the employer should not file a new application before receiving a Final Determination Form.

  • Appeal: The application is under reconsideration and/or review and is considered “in process”.  While in this status, no new application can be filed for the same foreign worker.
  • Certified: The PERM is granted / approved / certified. The certified application and a complete Final Determination Form will be sent to the employer or their representative, if applicable.  Upon receipt, the employer may proceed filing Form I-140 with the USCIS.

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For visitors, travel, student and other international travel medical insurance.

Visit insubuy.com or call +1 (866) INSUBUY or +1 (972) 985-4400