How to File the Labor Certification PERM application with the ETA Form 9089?

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Hi William,

My employer has completed the advertisement process. How to file the Labor Certification PERM application with the DOL using ETA Form 9089?

Answer,

After the advertisements are complete, your employer should file the PERM application with the DOL using ETA Form 9089, if there is no qualified and willing U.S. workers applied for the job position.

Like with the prevailing wage request, your employer should file the ETA Form 9089 electronically at the DOL website at http://www.plc.doleta.gov. The ETA Form 9089 provides the DOL with information on the job opportunity, information on the employer’s recruitment process, and information on the foreign worker, such as:

the worksite location,
job duties,
job requirements,
where the employer placed the advertisements,
advertisements dates,
worker’s place of birth,
worker’s education credentials,
worker’s work experience.

After filing the ETA Form 9089, you should wait several months for the DOL to adjudicate the PERM. The DOL can approve the PERM, or deny the PERM, or audit the PERM.

If your PERM is audited, the DOL will ask your employer to provide additional evidence for the application. After your employer responds to the audit request, the DOL will review the new evidence and either approve or deny the PERM.

After receiving the approved PERM, your employer can move on to the next big step of the process, which is filing an I-140 visa petition on your behalf with U.S. Citizenship and Immigration Services.

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