Perm Processing

The process through which employers bring foreign workers to the United States begins with the submission of Form ETA 9089, the Application for Permanent Employment Certification. This application is made to the Employment and Training Administration (ETA) of the Department of Labor (DOL). In order to qualify for this certification, an employer must demonstrate that no qualified U.S. worker is available or able to accept the position. As a part of the verification of this requirement, ETA verifies that the employer has engaged in active recruitment that meets the regulatory requirements under 20 CFR 656.17(e)(1) or 20 CFR 656.17(e)(2) depending on the type of work and that the employer is offering the "prevailing wage" for the position and the area in which the position is located. The employer is required to draft and keep on file supporting documentation accessible to a Certifying Officer of the ETA should the documentation be requested. The ETA recommends that employers submit the application electronically in order to streamline the processing of the application. Employers submitting the form electronically also benefit from monitoring their file through the Online Permanent System where the employer can track and manage the progress of their applications. Once a Certifying Officer approves the application and assigns a date to the certification. The employer must then attach the certification to a Form I-140, the Immigrant Petition for Alien Worker, which the employer sends to the United States Citizenship and Immigration Services (USCIS). The USCIS and the State Department then prioritize the processing of a visa based on the date assigned by the ETA.

Fast Facts

  • The ETA requires that employers conduct more than 30 days of recruitment for the open position prior to filing the application.
  • For recruitment, the ETA requires that employers post the open position in a Sunday edition newspaper advertisement.
  • The employer must request a prevailing wage determination from the appropriate State Workforce Agency (SWA) that has jurisdiction over the area in which the job is located.

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