In order to obtain labor certification, the U.S. employer must file an Application for Permanent Employment Certification (ETA Form 9089) with the Department of Labor (DOL). The ETA Form 9089 is submitted online. The DOL does not require submission of documents.
The following, however, is a sample list of documents that maybe required if the DOL issues the U.S. employer an Audit Notice.
- Signed and dated printed copy of the Application for Permanent Employment Certification (ETA Form 9089).
- Copy of Prevailing Wage Determination.
- Evidence of placement of a job order with the state employment security department.
- Evidence of placement of 2 consecutive Sunday newspaper advertisements.
- Copy of Notice of Filing and Attestation of physically posting the Notice of Filing at the place of employment and in any and all in-house media.
- Evidence of engaging in 3 additional types of recruitment.
- Program Electronic Review Management (PERM) Report.
- Names and copies of applicants’ (that applied for the position) resumes.
- Evidence confirming that the U.S. employer contacted applicants.
- Evidence of ‘business necessity’ (if required)
*All foreign language documents must be accompanied by a certified English translation.