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In the application, the employer must outline the recruitment undertaken as well as describe, in detail, the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work.

Application. The employer must complete an Application for Permanent Employment Certification ( ETA Form 9089).

workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation 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. The DOL must certify to the USCIS that there are no qualified U.S. Citizenship and Immigration Services (USCIS), the employer must obtain an approved labor certification request from the DOL’s Employment and Training Administration (ETA).

employer can submit an immigration petition to the Department of Homeland Security’s U.S. Since March 2005, US Department of Labor implemented the new PERM rule that is discussed in detail below.Ī 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. A Labor Certificate is the first step to apply for an Employment-based Second Priority EB(2) and Third Priority permanent residency where no national interest waiver is sought.