| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 64. | What form is used to file an application for a labor certification for Schedule A occupations? | | | |
| | The employer must use an Application for Permanent Employment Certification, ETA Form 9089, which includes a prevailing wage determination. | | 65. | Must the employer request a prevailing wage determination from the State Workforce Agency (SWA) if filing under Schedule A? |
| | | | | Yes, a prevailing wage determination must be requested from the SWA having jurisdiction over the proposed
area of intended employment. |
| 66. | If filing an application under Schedule A, must an employer provide notice of filing? | | | |
| | Yes, an employer must comply with the posting requirement in § 656.10(d) to file applications under Schedule A with the appropriate Department of Homeland Security office. |
| 67. | If an application for a Schedule A occupation is denied is the employer permitted to file for a labor certification for a physical therapist or professional nurse under the basic process, § 656.17? | | |
| | | No, labor certifications for professional nurses and for physical therapists will not be considered under § 656.17. |
| 68. | What are the procedures to be followed in filing
applications on behalf of aliens of exceptional ability in the performing arts formerly processed under the special handling procedures in the former regulations? | | | |
| | Aliens of exceptional ability in the performing arts are now included in § 656.5, Schedule A, under Group II. Accordingly, such applications must be filed in duplicate with the appropriate office of the Department of Homeland Security. The documentation that must be filed in support of such applications is listed in § 656.15, Applications for labor certification for Schedule
A occupations. |
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