| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 8. | What forms or documents must the employer include in an application? | | | |
| | The employer must file a completed Application for Permanent Employment Certification, ETA Form 9089.
Except as required for applications filed under § 656.5, Schedule A, supporting documentation need not be filed with the application, but
the employer must provide the required supporting documentation if the employer's application is selected for audit or if the Certifying Officer otherwise requests it. | | 9. | How long must supporting documents be retained? | | | |
| | The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification, ETA Form 9089. |
| 10. | When must applications be signed? |
| | | | | Applications submitted by mail must contain the original signature of the employer, alien, and preparer,
if applicable, when they are received by the processing center. Applications filed electronically must, upon receipt of the labor certification, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid. | | | |
| | Note: Where the employer provides a copy of an application to a Certifying Officer pursuant to an audit or otherwise, the copy must be signed. |
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| 11. | When is PERM effective and must the employer wait until the effective date to begin recruitment? | | | |
| | PERM is effective March 28, 2005, and will apply to all applications filed on or after the effective date. If all applicable provisions including timeframes of the regulation have been satisfied, an application may be filed under the PERM regulation on or after the effective date. Required timeframe provisions include, among others: |
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| That recruitment be conducted at least 30 days, but no more than 180 days, prior to filing under § 656.17 |  |
| • | That filing must be within 18 months after selection under § 656.18; and | |
| • | That notice of filing be provided between 30 and 180 days prior to filing under § 656.10 |
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