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Labor Certification Under PERM - Frequently Asked Questions

4.

What is the filing procedure for Labour Certification?

  • Employer files an application on behalf of the foreign worker
  • The application is filed on Application for Permanent Employment Certification, Form ETA-9089 with the foreign Labor Certification unit of the State Workforce Agency (SWA)
5.

Can I file the Labor Certification application online?

Yes, the LCA Online System has been developed by the Division of Foreign Labor Certification to allow employers or their agents, who intend to employ alien worker(s) for a temporary period in professional occupations or as fashion models the ability to file LCAs - Form ETA-9035E, Labor Condition Application, with DOL via the web.

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6.

What does the State Workforce Agency do with the filed foreign Labor Certification application?

The SWA reviews the description of job duties and evaluates the employer's stated minimum requirements for the job. Then it determines the prevailing rate of pay and gives the employer a chance to amend wages and/or requirements that do not comply with Labor Certification.

7.

What does the SWA do after the employer files a recruitment report?

The SWA analyzes the employer's recruitment efforts and the employer's evaluation of the U.S. applicants, then advises of any deficiencies to be corrected and assembles the documentation to be forwarded to the regional office of the U.S. DOL.

8.

What does the DOL regional certifying officer do with the application and supporting documentation once the SWA forwards it to the region?

Once the application and supporting documentation is forwarded to the regional office, the region will analyze the employer's application and either grant certification or issue a Notice of Findings (NOF – intent to deny). The decision is based on whether the employer has met the requirements of federal regulations governing the foreign Labor Certification program.

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