Perm Labor

Before applying to the United States Citizenship and Immigration Services (USCIS) for a visa to bring a worker to the United States, an employer must apply to the Department of Labor (DOL) for a certification demonstrating that the worker is necessary. This application is known as ETA 9089, the Application for Permanent Employment Certification. The permanent labor certification is issued by the DOL if the employer can demonstrate that there are no qualified U.S. citizens able, willing and available to perform the job at a fair wage for that position and that the employment of the foreign worker will not negatively affect working conditions or wages of U.S. citizens employed in similar positions. The position must also be a full-time, permanent position. This application is managed by the Employment and Training Administration (ETA) division of the DOL. Following approval from the ETA, the employer submit's the certification to USCIS accompanied by Form I-140, the Immigrant Petition for Alien Worker. The USCIS and the State Department then process the visa request based a priority date, the date that the DOL approved the permanent worker certification.

Fast Facts

  • The DOL recommends in order to improve processing time, that employers file ETA 9089 electronically.
  • The position for which an employer files ETA 9089 must be a real job opening available to U.S. workers.
  • There is a list of occupations that the DOL has established to note which occupations in the U.S. do not have a sufficient number of qualified workers. This list is available in Schedule A of 20 CFR 656.15.

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