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Foreign workers who want to get permanent residency through a job offer in the United States can apply for the EB-3 visa, an immigration category for professionals, skilled workers, and other employees.
To begin the process, the employer must meet different requirements before the immigration authorities. One of the main ones is permanent labor certification, which is filed through Form ETA-9089 and verifies that the hiring will not affect the working conditions of U.S. workers.
What is ETA-9089 labor certification?
Form ETA-9089 is the document the employer uses to request permanent labor certification from the U.S. Department of Labor. This process is meant to show that there are not enough qualified and willing U.S. workers to fill the offered position under the required working conditions.
Labor certification is a prerequisite for the employer to file an employment-based immigrant petition with U.S. Citizenship and Immigration Services (USCIS).
Why can applications that do not include this document be denied?
Labor certification is a standard requirement for EB-3 immigration petitions. If the employer files Form I-140 with USCIS without the proper certification and signature when required, the agency may reject the application.
Since the launch of the FLAG electronic system, the Department of Labor issues a two-page final determination when it approves a PERM application. For I-140 petitions that require this certification, USCIS requires the corresponding version, properly signed.
Who must submit ETA-9089 labor certification to obtain a work visa?
The requirement applies to foreign workers applying for an EB-3 immigrant visa under any of its three categories:
- Skilled Workers: people whose jobs require at least two years of training or work experience.
- Professionals: workers who have a U.S. college degree or a foreign equivalent and whose jobs require that education.
- Other Workers: people who can do jobs that require less than two years of training or experience, as long as the work is neither temporary nor seasonal.
There are exceptions, such as certain occupations included in the Schedule A category, which have a separate process and do not require an individually approved labor certification from the Department of Labor.
What other documents must be submitted for this permit?
In addition to labor certification, the EB-3 visa process requires documentation that can verify both the job conditions and the foreign worker’s background and qualifications. The main documents include:
- Form I-140: immigrant petition for a foreign worker filed by the employer with USCIS.
- Approved labor certification: Form ETA-9089 and its final determination, when applicable.
- Academic records: college degrees, transcripts, and training certificates, depending on the job requirements.
- Proof of work experience: letters from previous employers, work certificates, or other documents showing the required years of experience.
- Permanent job offer: information that verifies the offered position, its duties, and the terms of employment.
- Proof of the employer’s financial ability: financial documents showing the company can pay the offered salary.
However, the documents may vary depending on the job and the applicant’s immigration situation.