PERM labor certifications to be issued electronically

PERM labor certification documents will temporarily be issued electronically because of the COVID-19 national emergency, according to an announcement the Office of Foreign Labor Certification (OFLC) issued Tuesday.

Key points:

• From March 25 through June 30, the National Processing Center will issue PERM labor certification documents electronically to employers and their attorneys or agents.
• During this temporary period, employers and their authorized agents will receive the certified Form ETA-9089 and Final Determination letter via email. If they are unable to receive them by email, the documents will be sent via UPS regular delivery (two to eight days depending on location).
• The form must be printed then signed and dated by the employer, the employee and the preparer, if applicable, before the immigrant petition is filed. The OFLC announcement states that USCIS may consider the printed and signed form as evidence of an “original labor certification” issued by the Labor Department.

BAL Analysis: To ensure that they receive electronic PERM documents from the OFLC, employers should make sure that the email address for the National Processing Center (plc.atlanta@dol.gov), is added to their address book and safe listed to avoid being blocked or sent to their spam folders.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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