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This document outlines the procedures and necessary documentation for filing a Labor Certification Application for U.S. immigration purposes, specifically for employment-based visas.

How to fill out labor certification application

How to fill out Labor Certification Application

1. Gather all required documents, including employer details and job description.
2. Complete form ETA-9089 accurately by entering employer and employee information.
3. Provide details about the job position, including the job title, duties, and requirements.
4. List the wages offered, ensuring they meet the prevailing wage requirements.
5. Conduct recruitment efforts to prove that no qualified U.S. workers are available for the position.
6. Document recruitment results and any applicants received.
7. Obtain employer certification and necessary signatures on the application.
8. Submit the completed Labor Certification Application to the appropriate state workforce agency.

Who needs Labor Certification Application?

1. Employers wishing to hire foreign workers for permanent positions in the U.S.
2. Companies looking to sponsor employees for employment-based green cards.
3. Individuals seeking to demonstrate a labor shortage in a specific profession.

People Also Ask about

What is the processing time for labor certification audit?

Once the PERM application is filed with DOL, it may take the DOL several months to adjudicate the application. If DOL audits the PERM application, the employer will have thirty days to respond and it goes back in the processing queue which may take an additional year to be processed by the DOL.

How much does a labor certification cost?

Labor condition application (LCA), Form ETA 9035/9035E is a document that a prospective H-1B employer files with ETA when it seeks to employ nonimmigrant workers at a specific job occupation in an area of intended employment for not more than three years.

How long does it take to get labor certification approved?

The PERM recruitment process must fully test the U.S. labor market in good faith before applying. Any issues, such as insufficient advertising, missing documentation, incorrect timelines, or erroneous steps, can lead to denials.

What happens after labor certification is approved?

After the labor certification application is certified by DOL, it should be submitted to the appropriate USCIS Service Center with a Form I-140, Immigrant Petition for Alien Worker. The certification has a validity period of 180-days and expires if not submitted to USCIS within this period.

For pdfFiller’s FAQs

What is Labor Certification Application?

The Labor Certification Application is a form used by an employer to demonstrate that there are no qualified U.S. workers available for a specific job position and that hiring a foreign worker will not negatively affect the wages or working conditions of U.S. workers.

Who is required to file Labor Certification Application?

Employers seeking to hire foreign workers for permanent positions or certain nonimmigrant positions in the United States are required to file a Labor Certification Application.

How to fill out Labor Certification Application?

To fill out a Labor Certification Application, employers should obtain the correct form (typically Form ETA 9089), gather necessary documentation, provide detailed information about the job offer and recruitment process, and submit the application to the appropriate state workforce agency.

What is the purpose of Labor Certification Application?

The purpose of the Labor Certification Application is to ensure that the employment of foreign workers does not adversely affect the job opportunities, wages, or working conditions of U.S. workers.

What information must be reported on Labor Certification Application?

The Labor Certification Application must report information including employer details, job title and duties, wage offered, work location, recruitment efforts, and qualifications required for the job.