Process

Your company wishes to move forward with the labor certification process on behalf of a valued employee. You know that the foreign worker is eligible but the process seems complicated. For your information, CLG has listed the steps in the process below.

  1. Prevailing Wage Determination

    In order to initiate the process, the U.S. employer files an Application for Prevailing Wage Determination (ETA Form 9141) online with the Department of Labor (DOL) to obtain a prevailing wage for the position. The DOL will issue a Prevailing Wage Determination valid for at least 90 days and not to exceed 1 year.

    Timing: Currently, the Prevailing Wage Determination is issued within 6-8 weeks of filing.

  2. Recruitment Process

    The U.S. employer then conducts recruitment in order to test the United States labor market to determine if there are able, willing, qualified and available U.S. workers for the position.

    Timing: The recruitment must occur during a 30 to 180 day period prior to the filing of the Application for Permanent Employment Certification (ETA Form 9089).

  3. Program Electronic Review Management (PERM) Report

    If, after recruitment, there are no U.S. workers able, willing, qualified and available for the position then the U.S. employer drafts a Program Electronic Review Management (PERM) Report evidencing that it followed all applicable recruiting regulations.

    Timing: The recruitment must occur during a 30 to 180 day period prior to the filing of the Application for Permanent Employment Certification (ETA Form 9089) and the report must reflect this requirement.

  4. Permanent Online System

    The U.S. employer registers the company online with the Permanent Online System and assigns a sub-account to the attorney.

    Timing: The registration should occur immediately after entering requested company information.

  5. Application for Labor Certification

    The U.S. employer then files an Application for Permanent Employment Certification (ETA Form 9089) online with the DOL.

    Timing: The DOL will either certify or deny the Application for Permanent Employment Certification (ETA Form 9089) or issue an audit notice within 5-6 months of filing.

    *If an audit notice is issued, the DOL will either certify or deny the Application for Permanent Employment Certification (ETA Form 9089) within 5-6 months of receiving the response to the audit notice.

    **If certified, then the U.S. employer may proceed to the second step of obtaining permanent residence (“green card”) on behalf of a foreign worker.

Additional Questions?

More information about the specific requirements of obtaining labor certification is available on the labor certification FAQs.

Contact us for a free consultation by:

Entering your information in the ‘Free Consultation’ box and clicking ‘Get an Answer’.

or

Calling 206.269.1200