A permanent labor certification allows a foreign worker to be permanently employed in the United States. The certification is issued by the United States Department of Labor and allows the employer to petition on behalf of potential employees to United States Citizenship and Immigration Services (USCIS).
Before granting the permanent labor certification, the Department of Labor analyzes the impact of hiring non-citizen workers for jobs in the United States. This analysis is performed by the Employment and Training Administration (ETA), which must affirm that no citizen workers are qualified, willing and able to take the job in question. The ETA also ensures that the wages of US workers employed at similar jobs are not affected.
Permanent Labor Certification Paperwork
Employers seeking a permanent labor certification on behalf of a foreign worker must provide a list of information about the job, including occupation codes, prevailing wage information and recruitment verification. An employer must provide a complete resume on behalf of the employee.
In addition, the employer will fill out two forms, one for the Department of Labor, and the other for the USCIS. Employers submit Form 9089 Application for Permanent Employment Certification to the ETA at the Department of Labor. If the 9089 application is approved, the completed form is attached to a Form I-140, Immigrant Petition for Alien Worker, and sent to the USCIS.
The Permanent Labor Certification Process: Pre-Filing
Before filing a Form 9089 with the Department of Labor, there are a few pre-filing steps that an employer needs to complete:
- You must consult with your state workforce agency to determine the prevailing wage for the job. In order to protect the interests of US workers, the ETA relies n the state agencies for prevailing wage information.
- Most employers will also have to document their recruitment procedures. An experienced permanent labor certification lawyer can assist employers in assembling their documentation for Department of Labor approval.
Permanent Labor Certification Lawyers
If you are you seeking permanent labor certification for an employee, please contact the law offices of XXX. We are immigration attorneys committed to advocating your business interests. We assist our clients with paperwork, give informed advice and offer steadfast legal representation in most areas of immigration law.
Our broad expertise in immigration matters makes us the right choice for your business. We handle appeals, change in status requests and other legal issues that affect you, your employees and the productivity of your company.
Call XXX today and get a free case evaluation from an experienced YYY permanent labor certification attorney.