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.
Testing US Labor Market
The DOL is seeking to
determine whether there are any U.S. 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
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
The employer must post
notice of the job opportunity for at least ten
consecutive business days.
Use of Other In-House
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.
The employer must place
two advertisements on two different Sundays in the
newspaper of general circulation in the area of intended
If the job requires
experience and an advanced degree, the employer may use
a professional journal in lieu of one of the Sunday ads
Recruitment Steps for Professional Jobs
The PERM 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.
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
Frequently Asked Questions
PERM 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.
Timing of Payment of the Prevailing Wage
PERM 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.
No Jobsite Transfers or Significant Promotions While
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
No layoffs in
Petitioner’s company with respect to the positions that
Alien Worker is or will be fulfilled in the last six
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:
Internet access (AOL
users – there is a known bug with the AOL browser and
that prevents users from
properly accessing some web applications. Please use a
different browser and/or Internet Service Provider if
you experience time-out issues while accessing the PERM
Online System through
Web browser (Internet
Explorer 5.x or higher, Netscape 4.7 or higher)
4.0 or higher
Accessing the System
As a first time
As a Registered user.
To gain authorized
access to the PERM Online System as a registered user,
you must have created a unique login ID, which you do
the first time you access the system.
Registering as a System
(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
PERM system, any person granted the right to manage user
accounts can select “User Account” to add users for your