Certification Application (PERM)
U.S. employers will be required to file a completed ETA Form 9089
electronically or by mail with a designated ETA application processing
center in EB2 and EB3 petitions.
The DOL is seeking to determine whether there are any
workers who are qualified and available for the position in question in
your area; in such a case there will be no adverse impact on the U.S.
workforce if the alien worker continues to be employed in the position.
The employer must carefully maintain documentation showing the company's
recruitment activities during the six month period immediately prior to
the filing date of the application.
Recruitment of U.S. Workers
DOL will review and evaluate evidence of the company's recent recruitment
activity for the job in question (or closely related jobs in the same
specialty, e.g. computer programming)--i.e. advertisements published in
local or regional newspapers or a professional journal, notices posted on
the Internet, college campus notices or visits, job fairs, etc. All
recruitment activity must be within 6 months and before 30 days prior to
the filing. (180 days – 30 days)
The employer must post notice of the job opportunity for at least ten
consecutive business days.
Use of Other In-House Media
In addition to printed posted notice, the employer must use any and all
in-house media, whether electronic or printed, in accordance with normal
procedures used for recruitment for similar positions in the organization.
Employer shall place a job order with the SWA for a period of 30 days.
1. The employer must place two advertisements on two different Sundays in
the newspaper of general circulation in the area of intended employment;
2. If the job requires experience and an advanced degree, the employer may
use a professional journal in lieu of one of the Sunday ads;
3. Three Additional Recruitment Steps for Professional Jobs;
regulation retains the requirement that applications for professional jobs
must have additional recruitment. The list of permitted additional
recruitment steps in the final PERM regulation include: 1) job fairs; (2)
employer’s web site; (3) job search web site other than employer’s;
(4) on-campus recruiting; (5) trade or professional organizations; or (6)
private employment firms. (7) an employee referral program, if it includes
identifiable incentives; (8) a notice of the job opening at a campus
placement office, if the job requires a degree but no experience; (9)
local and ethnic newspapers, to the extent they are appropriate for the
job opportunity; and (10) radio and television advertisements. Further, a
web page generated in conjunction with a print ad now counts as a website
other than the employer’s;
5. Alternative recruitment steps only require employers to advertise for
the occupation involved in the application rather than for the job
opportunity as is required for the newspaper ads.
Frequently Asked Questions
requires that the employer proves the ability to pay prevailing by 100%.
The prevailing wage the wage level that DOL finds to be the
"prevailing wage" for the particular occupation. While preparing
the application we will obtain a wage determination from the Employment
Development Department or ETA in some states.
2. Timing of Payment of the Prevailing Wage.
final rule reaffirms that the prevailing wage must be paid either from the
time permanent residency is granted or from the time the alien is admitted
as a permanent resident to take up the certified employment.
4. No Jobsite Transfers or Significant Promotions While Application
5. It is also very important to keep in mind that, once the application
has been filed, there can be no promotions (to a significantly different
job) or transfers (to a worksite out of the region) of the alien worker
until after the process is completed. The job offered at the time of
filing must be substantially the same job that the alien is performing
when he gets permanent residence. It is critically important that we be
kept informed of possible job changes before they take effect so that we
can advise on the potential impact (if any) on the pending application.
6. No layoffs in Petitioner’s company with respect to the positions that
Alien Worker is or will be fulfilled in the last six months.
Establishing a Priority Date
Filing the labor certification application establishes a "priority
date" for purposes of permanent residency issuance. Permanent
resident visas are issued on a first-come, first-served basis within
particular country categories for which the U.S. Congress has set annual
quotas. The "priority date" marks the alien's place in line
awaiting visa issuance.
Employer Registration Instructions
Use of the PERM Online System requires the following:
Registering as a System User
1) From your desktop, start Internet Explorer or Netscape.
2) Type in the following Address for Internet Explorer or Location for
and press Enter on your keyboard. An alert message is displayed. Read the
message and click OK. The PERM Online System Login page is displayed.
3) Click “Register” and following the steps to accept the terms and to
fill in the information of the Employer’s profile.
4) From any page on the
system, any person granted the right to manage user accounts can select
“User Account” to add users for your attorney.
Please contact us
for the current filling fees and our attorney fee.