Frequently Asked Questions Regarding Permanent Labor Certification

If you are interested in applying for Permanent Labor Certification, read below to learn more about the process and get  answers to some frequently asked questions about what you and your employer need to do.

How to Determine Whether You Qualify for Permanent Labor Certification

If you are trying to understand whether you will qualify for Permanent Labor Certification, consider the following requirements. First, make sure that your job will be full time and permanent.  Your employer must be able to hire an available qualified United States worker for this position. 

Also make sure that you can prove that there is an employer-employee relationship at this job.  This will be shown by the employer’s ability to hire, provide payment to the employee, and supervise the work that you will do.  The duties associated with the job should be consistent with those that are defined in the Dictionary of Occupational Titles.  The duties should be ones that are normally required for the job in the United States. 

All requirements for the job must conform to the Department of Labor’s data for experience and educational standards that are common in the industry.  Make sure that the job is not tailored to qualifications of you, a foreign worker.  Furthermore, the position should not include requirements for a language other than English.

Where Do I Apply?

This filing process is really for employers.  Your employer will need to first submit your application, which is the ETA Form 9089, for an Application for Permanent Employment Certification.  They will need to list the job duties, training and educational requirements, experience needed, and special skills needed for the job in detail.  Your qualifications must be listed in detail.

You will need to get the original signature of the employer, alien, and preparer if submitted by mail.  Applications that are filed electronically must be signed as well.  Then, your employer will have to attest to having done a recruitment process before hiring you.  The only exception is for applications that involve college or university teachers.  The Employer has to recruit using the standards that are established.

Then, supporting documentation might need to be provided if the Certifying Officer requests the information.  The documentation must be retained by the employer for five years after the date of filing the ETA Form 9089. 

What Is the Best Way to Apply?

You should consider the fact that the filing offices have requested that documents be filed electronically instead of by mail.  Filing this way may help speed up the process for you.

Getting Legal Help

The best person to answer your questions about applying for permanent labor certification is an experienced US immigration attorney. Your attorney can not only answer all your questions, but he can also guide you through every step of the process.