The Permanent Labor Certification process allows an employer to hire a foreign worker to work permanently in the U.S. before submitting an immigration petition to USCIS. The employer must first obtain a certified labor certification from the Department of Labor (DOL). The DOL ensures that there are no qualified U.S. workers for the job and that hiring a foreign worker will not negatively affect U.S. workers’ wages or working conditions.
To enhance the program, the DOL introduced a new electronic system in 2005. Under this system, ETA Form 9089 is used for applications, replacing the previous ETA Form 750. Applications filed before this change were processed according to the old rules until the backlog was eliminated. If an employer decides to withdraw an old application, they can refile under the new provisions using the original filing date.
Once the labor certification is approved, it must be submitted to USCIS with Form I-140. The certification remains valid for 180 days, after which it expires if not submitted.
Our law firm has extensive experience with the labor certification process, leading to employment-based petitions and adjustment of status. Please reach out for more details or inquiries.