04 Sep

H1B Visa Labor Condition Applications Filed in 2014

Based on 2014 H1B data released by Department of Labor, US employers have filed 418,429 labor certifications for H1B Visa in fiscal year 2014.

H1B Visa Status: Certified (370,118) Denied (9,548) Rejected (1) Withdrawn (12,724)
Top Occupations: IT/Math (270,244) Business/Finance (39,463) Engineering (31,176)
Healthcare (17,515) Science (17,320) Management (16,581)
Education/Library (11,703) Arts/Design (8,267) Sales (2,222)
Legal (1,633) Social Service (1,026) Office Admin (487)
Top Job Titles: Programmer Analyst (35,786) Software Engineer (17,016) Computer Programmer (11,833)
Systems Analyst (8,287) Software Developer (6,153) Business Analyst (6,102)
Computer Systems Analyst (5,663) Senior Consultant (3,864) Senior Software Engineer (3,643)
Technology Analyst – Us (3,549) Consultant (3,530) Technology Lead – Us (3,525)
Top Employers: Infosys Limited (18,089) Wipro Limited (6,073) Deloitte Consulting Llp (5,687)
Accenture Llp (4,353) Hcl America, Inc. (3,677) Ernst & Young U.S. Llp (3,265)
Microsoft Corporation (2,985) Google Inc. (2,478) Igate Technologies Inc. (2,434)
Intel Corporation (2,080) Ibm Corporation (1,939) Deloitte & Touche Llp (1,290)
Top Locations: New York, NY (25,992) Houston, TX (12,411) San Francisco, CA (9,100)
San Jose, CA (7,542) Chicago, IL (7,147) Atlanta, GA (7,146)
Sunnyvale, CA (5,158) Dallas, TX (4,902) Santa Clara, CA (4,349)
Mountain View, CA (4,326) Boston, MA (4,233) Irving, TX (4,139)
27 Aug

PERM and PW Processing Times – August 2014

NPWC Processing Times (as of 08/07/2014)
Processing Queue Request Date Status*
H-1B July – 2014 Current
H-2B July – 2014 Current
PERM July – 2014 Current
  Submission Date  
Redeterminations H-2B July – 2014
PERM/H-1B -June- 2014
  Current
Center Director Reviews H-2B August – 2014
PERM – June 2014/H-1B – July 2014
  Current

*Current: H-1B 60 days, H-2B 30 days, PERM 60 days.

 


PERM Processing Times (as of 08/04/2014)

Processing Queue Priority Dates
Month Year
Analyst Review March    2014
Audit Review March    2013
Reconsideration Requests to the CO August    2014
Gov’t Error Reconsiderations  Current

The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed. For various reasons, we may be completing the processing of applications filed prior to the month posted on iCERT.

27 Aug

Employment Fifth Preference (E5): Immigrant Investors

Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. 

To qualify as an immigrant investor, a foreign national must invest, without borrowing, the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise:

  • $1,000,000 (U.S.); or
  • $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area.

A qualifying investment must, within two years, create full-time jobs for at least 10 U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States, not including the investor and the investor’s spouse, sons, or daughters.

Immigrant investor visa categories are:

  • Employment creation outside a targeted area – C5
  • Employment creation in a targeted rural/high unemployment area – T5
  • Investor Pilot Program not in a targeted area – R5
  • Investor Pilot Program in a targeted area – I5
27 Aug

Employment Fourth Preference (E4): Certain Special Immigrants

A Fourth Preference applicant must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, with the exception of Certain Employees or Former Employees of the U.S. Government Abroad (see number 3 below). Labor certification is not required for any of the Certain Special Immigrants subgroups. Special Immigrants receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas.

There are many subgroups within this category:

  1. Broadcasters in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization
  2. Ministers of Religion
  3. Certain Employees or Former Employees of the U.S. Government Abroad – Must use Form DS-1884, Petition To Classify Special Immigrant Under INA 203(b)(4) As An Employee Or Former Employee of the U.S. Government Abroad
  4. Certain Former Employees of the Panama Canal Company or Canal Zone Government
  5. Certain Former Employees of the U.S. Government in the Panama Canal Zone
  6. Certain Former Employees of the Panama Canal Company or Canal Zone Government on April 1st, 1979
  7. Iraqi and Afghan interpreters/translators who have worked directly with the United States armed forces or under Chief of Mission authority as a translator/interpreter for a period of at least 12 months and meet requirements. This classification has an annual numeric limitation of 50 visas. See Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters for more information.
  8. Iraqi and Afghan nationals who have provided faithful and valuable service while employed by or on behalf of the U.S. government in Iraq for not less than one year on or after March 20th, 2003 and prior to September 30, 2013, or in Afghanistan for not less than one year after October 7th, 2001, and have experienced an ongoing serious threat as a consequence of that employment. See Special Immigrant Visas for Iraqis – Worked for/on behalf of the U.S. Government and Afghans – Worked for/on behalf of the U.S. Government for more information.
  9. Certain Foreign Medical Graduates (Adjustments Only)
  10. Certain Retired International Organization Employees
  11. Certain Unmarried Sons and Daughters of International Organization Employees
  12. Certain Surviving Spouses of deceased International Organization Employees
  13. Special Immigrant Juveniles (no family member derivatives; Adjustments Only)
  14. Persons Recruited Outside of the United States Who Have Served or are Enlisted to Serve in the U.S. Armed Forces
  15. Certain retired NATO-6 civilians
  16. Certain Unmarried Sons and Daughters of NATO-6 civilians
  17. Certain Surviving Spouses of deceased NATO-6 civilian employees
  18. Persons who are beneficiaries of petitions or labor certification applications filed prior to September 11th, 2001, if the petition or application was rendered void due to a terrorist act on September 11th, 2001
  19. Certain Religious Workers
27 Aug

Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

  1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.
27 Aug

Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. In this case, the applicant may self-petition by filing the Immigrant Petition for Alien Worker, Form I-140, along with evidence of the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.

There are two subgroups within this category:

  1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
  2. Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
27 Aug

Employment First Preference (E1): Priority Workers

A First Preference applicant must be the beneficiary of an approved Immigrant Petition for Foreign Worker, Form I-140, filed with USCIS. Labor certification is not required for any of the Priority Worker subgroups. Priority Workers receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas.

There are three sub-groups within this category:

  1. Persons with extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in their fields of expertise. Such applicants do not have to have specific job offers, so long as they are entering the U.S. to continue work in the fields in which they have extraordinary ability. Such applicants can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS.
  2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. Applicants in this category must be coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at a university or other institution of higher education. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
  3. Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant’s employment outside of the U.S. must have been in a managerial or executive capacity, and the applicant must be coming to work in a managerial or executive capacity. The prospective employer must provide a job offer and file an Immigrant Petition for Alien Worker, Form I-140, with the USCIS.
27 Aug

Visas for Canadian and Mexican NAFTA Professional Workers

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. Select NAFTA to visit the Office of the United States Trade Representative website and learn more.

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals. Select TN NAFTA Professionals on the USCIS website to learn more about TN nonimmigrant status.

Eligibility for NAFTA Professional (TN) Nonimmigrant Status:

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

  • Applicant is a citizen of Canada or Mexico;
  • Profession is on the NAFTA list;
  • Position in the United States requires a NAFTA professional;
  • Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;
  • Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor’s degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

27 Aug

Visas for Members of the Foreign Media, Press, and Radio

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Media (I) visas are for representatives of the foreign media, including members of the press, radio, film, and print industries, traveling temporarily to the United States to work in their profession engaged in informational or educational media activities, essential to the foreign media function. Activities in the United States while on a media (I) visa must be for a media organization having its home office in a foreign country. Activities in the United States must be informational in nature and generally associated with the news gathering process and reporting on current events.

Travel purposes which require a Media (I) Visa – Examples:

  • An employee of foreign information media or employee of an independent production company having a credential issued by a professional journalistic association engaged in filming a news event or documentary.
  • A member of the media engaged in the production or distribution of film, if the material being filmed will be used to disseminate information, news, or is educational in nature.  The primary source and distribution of funding must be outside the United States.
  • A journalist working under contract with a credential issued by a professional journalistic organization, if working on a product to disseminate information or news that is not primarily intended for commercial entertainment or advertising.
  • A foreign journalist working for an overseas branch office or subsidiary of a U.S. network, newspaper, or other media outlet, if traveling to the United States to report on U.S. events solely for a foreign audience.
  • An accredited representative of a tourist bureau, controlled, operated, or subsidized in whole or in part by a foreign government, who engages primarily in disseminating factual tourist information about that country, and who is not entitled to receive an A-2 visa as a foreign government official or employee.
  • An employee of an organization that distributes technical industrial information who will work in the U.S. office of that organization.
27 Aug

Temporary Worker Visas

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.

Temporary worker visa categories

Visa category  General description – About an individual in this category:
H-1B: Person in Specialty Occupation

 

To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.
H-1B1: Free Trade Agreement (FTA) Professional – Chile,Singapore To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa. For application procedures, please refer to the website for the U.S. Embassy in Chile or the U.S. Embassy in Singapore.)
H-2A: Temporary Agricultural Worker For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-2B: Temporary Non-agricultural Worker For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
H-3: Trainee or Special Education visitor To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.
L: Intracompany Transferee To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge.  Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years.
O: Individual with Extraordinary Ability or Achievement For persons with extraordinary ability or achievement in the sciences, arts, education, business, athletics, or extraordinary recognized achievements in the motion picture and television fields, demonstrated by sustained national or international acclaim, to work in their field of expertise. Includes persons providing essential services in support of the above individual.
P-1: Individual or Team Athlete, or Member of an Entertainment Group To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
P-2: Artist or Entertainer (Individual or Group) For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.
P-3: Artist or Entertainer (Individual or Group) To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.
Q-1: Participant in an International Cultural Exchange Program For practical training and employment and for sharing of the history, culture, and traditions of your home country through participation in an international cultural exchange program.

 

21 Aug

4.7 Million US Job Openings in June 2014

There were 4.7 million US job openings, not seasonally adjusted, in June 2014, up from 4.0 million in 2013. Leading in job openings, the professional and business services industry had 921,000 job openings in June, up from 654,000 a year prior. The education and health services industry had the second highest number of job openings in June, at 778,000, up by 131,000 over the year.

 

Trade, transportation, and utilities had the highest number of hires in June 2014 at 1,128,000, up from 857,000 a year earlier. This industry had the second highest number of total separations, at 989,000, up from 771,000 in June 2013.

Job openings in June by industry
Industry June 2011 June 2012 June 2013 June 2014
Construction 64,000 85,000 136,000 141,000
Manufacturing 223,000 318,000 206,000 312,000
Government 377,000 405,000 440,000 509,000
Leisure and hospitality 389,000 480,000 515,000 712,000
Trade, transportation, and utilities 533,000 589,000 772,000 752,000
Education and health services 563,000 704,000 647,000 778,000
Professional and business services 606,000 711,000 654,000 921,000

 

 

Hires in June by industry
Industry June 2011 June 2012 June 2013 June 2014
Manufacturing 289,000 315,000 275,000 307,000
Construction 469,000 436,000 406,000 328,000
Government 375,000 406,000 389,000 392,000
Education and health services 599,000 597,000 544,000 605,000
Leisure and hospitality 905,000 893,000 984,000 1,083,000
Professional and business services 910,000 966,000 1,029,000 1,123,000
Trade, transportation, and utilities 872,000 875,000 857,000 1,128,000

 

Total separations in manufacturing have been at or near 233,000 in four of the past five Junes; in June 2012 the number of separations in manufacturing was 256,000, and in June 2014 there were 241,000 separations in manufacturing.

 

Total separations in June by industry
Industry June 2011 June 2012 June 2013 June 2014
Construction 326,000 301,000 276,000 234,000
Manufacturing 233,000 256,000 238,000 241,000
Government 404,000 459,000 493,000 419,000
Education and health services 574,000 625,000 564,000 582,000
Leisure and hospitality 670,000 701,000 726,000 820,000
Trade, transportation, and utilities 765,000 841,000 771,000 989,000
Professional and business services 818,000 837,000 894,000 994,000

 

10 Aug

DOL PERM Advertisement Content

  1. What level of detail regarding the job offer must be included in the advertisement?

    Employers need to apprise applicants of the job opportunity. The regulation does not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment. As long as the employer can demonstrate a logical nexus between the advertisement and the position listed on the employer’s application, the employer will meet the requirement of apprising applicants of the job opportunity. An advertisement that includes a description of the vacancy, the name of the employer, the geographic area of employment, and the means to contact the employer to apply may be sufficient to apprise potentially qualified applicants of the job opportunity.

    NOTE: While employers will have the option to place broadly written advertisements with few details regarding job duties and requirements, they must prepare a recruitment report that addresses all minimally qualified applicants for the job opportunity. If an employer places a generic advertisement, the employer may receive a large volume of applicants, all of whom must be addressed in the recruitment report. Employers placing general advertisements may wish to include a job identification code or other information to assist the employer in tracking applicants to the job opportunity.

  2. If the employer includes job duties and requirements in the advertisement, must they be listed on the Application for Permanent Employment Certification, ETA Form 9089, as well?

    Yes, if an employer wishes to include additional information about the job opportunity, such as the minimum education and experience requirements or specific job duties, the employer may do so, provided these requirements also appear on the ETA Form 9089.

  3. Does the job location address need to be included in the advertisement?

    No, the address does not need to be included. However, advertisements must indicate the geographic area of employment with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the job opportunity. Employers are not required to specify the job site, unless the job site is unclear; for example, if applicants must respond to a location other than the job site (e.g., company headquarters in another state) or if the employer has multiple job sites.

  4. Does the employer’s address need to be included in the advertisement?

    No, the employer’s physical address does not need to be included in the advertisement. Employers may designate a central office or post office box to receive resumes from applicants, provided the advertisement makes clear where the work will be performed.

  5. Does the offered wage need to be included in the advertisements?

    No, the offered wage does not need to be included in the advertisement, but if a wage rate is included, it can not be lower than the prevailing wage rate.

  6. Why must the advertisement medium be different in order for advertisements to be counted as additional steps? For instance why is it not permissible to count advertisements on two separate web sites as two steps or to place a third advertisement in the same newspaper of general circulation rather than using a local or ethnic publication and have it count as an additional step?

    As with all the recruitment requirements, the purpose of requiring the employer to use three additional recruitment steps is to ensure that the greatest number of able, willing, qualified, and available U.S. workers are apprised of the job opportunity. It should be noted that each of the steps may target slightly different applicant populations. Using at least three of the additional steps normally used by businesses to recruit workers is a means of apprising a greater number of U.S. applicants of the job opportunity and more adequately substantiates an employer’s claim there are no available U.S. workers for the job offer.

  7. Does the advertisement have to contain the so-called “Kellogg” language where the application requires it to be used on the application? 

    Where the “Kellogg” language is required by regulation to appear on the application, it is not required to appear in the advertisements used to notify potential applications of the employment opportunity. However, the placement of the language on the application is simply a mechanism to reflect compliance with a substantive, underlying requirement of the program. Therefore, if during an audit or at another point in the review of the application it becomes apparent that one or more U.S. workers with a suitable combination of education, training or experience were rejected, the application will be denied, whether or not the Kellogg language appears in the application.

  8. Can jobs requiring experience be advertised through an on-campus placement office?

    For professional positions, the regulations at 20 CFR 656.17(e)(1)(ii)(D) permit, as an additional recruitment step, optional pre-filing recruitment at or through a college or university placement office. The preamble to the regulation (69 Fed. Reg. 77325, 77345 (Dec. 27, 2004)) assumed that this option would be used only if the employment opportunity requires a degree but no experience. The Department has examined this policy in light of the fact that many college and university placement offices maintain job listings that are used by alumni with experience as well as recent college or university graduates. Consequently, the job opportunities requiring experience are included in the listings making campus placement offices a viable recruitment source for professional job requiring experience as well as not requiring experience. As a result, the Department is clarifying its position and permitting this option to be used for employment opportunities even if the job requires experience in addition to the degree.

  9. Is the employer required to include the statement, “any suitable combination of experience of education, training, or experience is acceptable” on the application when the employer requires experience in an alternate occupation and not in the job offered?

    No, the employer is not required to include the statement on the application if the employer has indicated it requires experience in an alternate occupation and not in the job offered. The “any suitable combination of experience of education, training, or experience is acceptable” statement is only required where there are primary as well as alternative requirements and then only if the foreign worker is already employed by the employer and the foreign worker does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer’s “alternative” as opposed to its “primary” requirements.

  10. After completing our recruitment, but before filing the ETA Form 9089, our company’s name was changed after it was wholly acquired by another company. Does the company name used in the advertisements used for recruitment have to match the company name used on the ETA Form 9089?

    The employer must conduct recruitment using its legal name at the time of the recruitment. However, an Application for Permanent Employment Certification (ETA Form 9089) must be filed in the name of the employer’s legal name at the time of submission. If a merger, acquisition, or any other corporate change in ownership occurs between the time of recruitment and the time of submission, resulting in a disparity between the employer’s name shown on the advertising used to recruit for a job opportunity and the employer’s name on the submitted ETA Form 9089, the employer must be prepared to provide documentation — in the event of an audit — proving that it is the successor in interest, a determination made based on the totality of the circumstances, including whether the current employer has assumed the assets and liabilities of the former entity with respect to the job opportunity.

06 Aug

Perm Form ETA 9089

Also referred to as the Application for Permanent Employment Certification, ETA Form 9089 must be completed by employers interested in hiring a foreign-born person and assisting that person in obtaining a U.S. green card. It replaces the previously used ETA Form 750.

In immigration law terms, the purpose of the ETA 9089 form is for the employer to request permanent labor certification from the U.S. Department of Labor (DOL). More literally, this means that the employer is asking the DOL to certify that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job and that hiring the foreign worker will not bring down the wages and working conditions of similarly employed U.S. workers. Only after receiving this certification can the employer take the next step and submit a visa petition to U.S. Citizenship and Immigration Services on the intending immigrant’s behalf.

The employer can either complete the ETA Form 9089 by mail or electronically, though DOL much prefers electronic filing. The application requires the employer to provide information on its recruitment efforts, and to state with specificity the experience, training, educational prerequisites, job duties, and other skills that the employee must demonstrate to perform the work.

ETA Form 9089 sample (as of August 2014)

ETA Form 9089 instructions sample (as of August 2014)

06 Aug

What is Permanent Labor Certification Process?

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

To improve the operations of the permanent labor certification program (PERM), ETA published a final regulation on December 27, 2004, implementing a new, re-engineered permanent labor certification program, effective March 28, 2005. This new electronic program has improved services to our various stakeholders.

As of March 28, 2005, ETA Form 750 applications were no longer accepted under the regulation in effect prior to March 28, 2005, and instead new ETA Form 9089 applications had to be filed under the new PERM regulation at the appropriate National Processing Center (NPC). Applications filed under the regulation in effect prior to March 28, 2005, continued to be processed under the rule in effect at the time of filing at an appropriate Backlog Elimination Center until such time as the backlog was eliminated. Where an employer chose to withdraw an application filed under the regulation in effect prior to March 28, 2005, and still in process, and to refile an application for the identical job opportunity under the refile provisions of the PERM regulation, the employer was permitted to use the previously filed ETA Form 750 application filing date.

DOL processes Applications for Permanent Employment Certification, ETA Form 9089, with the exception of Schedule A and sheepherder applications filed under 20 CFR  §656.16. The date the labor certification application is received by the DOL is known as the filing date and is used by USCIS and the Department of State as the priority date. After the labor certification application is certified by DOL, it should be submitted to the 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.

The actual process for permanent labor certification varies depending upon the program being used. This Web site contains information regarding the process for filing for each of the programs under the Department of Labor’s (DOL) jurisdiction. The filing of applications is the responsibility of the employer, not the employee. However, the employee can benefit from understanding the program being utilized in his/her behalf. In general, the DOL works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a permanent labor certification application has been approved by the DOL, the employer will need to seek the immigration authorization from USCIS.

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

To improve the operations of the permanent labor certification program (PERM), ETA published a final regulation on December 27, 2004, implementing a new, re-engineered permanent labor certification program, effective March 28, 2005. This new electronic program has improved services to our various stakeholders.

As of March 28, 2005, ETA Form 750 applications were no longer accepted under the regulation in effect prior to March 28, 2005, and instead new ETA Form 9089 applications had to be filed under the new PERM regulation at the appropriate National Processing Center (NPC). Applications filed under the regulation in effect prior to March 28, 2005, continued to be processed under the rule in effect at the time of filing at an appropriate Backlog Elimination Center until such time as the backlog was eliminated. Where an employer chose to withdraw an application filed under the regulation in effect prior to March 28, 2005, and still in process, and to refile an application for the identical job opportunity under the refile provisions of the PERM regulation, the employer was permitted to use the previously filed ETA Form 750 application filing date.

DOL processes Applications for Permanent Employment Certification, ETA Form 9089, with the exception of Schedule A and sheepherder applications filed under 20 CFR § 656.16. The date the labor certification application is received by the DOL is known as the filing date and is used by USCIS and the Department of State as the priority date. 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.

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Form I-140

What is an I-140 Petition?

An I-140 petition, or Immigrant Petition for Alien Worker, is filed to petition an alien worker to become a permanent resident in the United States. The employer must file an I-140 Petition on your behalf within 180 days from the date your Labor Certification is approved by the U. S. Department of Labor. An I-140 form may be filed without a Labor Certification where the beneficiary qualifies under EB-1 classification. Who is an I-140 Petition Filed for and What are the Classifications? On the I-140 Petition you will be asked to indicate the petition type. Please note, an I-140 may be filed on behalf of beneficiaries classified as follows: An alien of extraordinary ability (EB-1(A) Category) An outstanding professor or researcher (EB-1(B) Category) A multinational executive or manager (EB-1(C) Category) A member of the professions holding an advanced degree or an alien of exceptional ability (EB-2) A skilled worker (EB-3(A)(i)) A professional (EB-3(A)(ii)) Other workers (EB-3(A)(iii))


USCIS Form I-140 sample (as of August 2014)

USCIS Form I-140 Instructions (as of August 2014)