PERM labor certifications to be issued electronically

The Labor Department’s Office of Foreign Labor Certification (OFLC) has announced it will permanently adopt a recent policy of issuing PERM labor certification documents electronically.

Key points:

• Under the now-permanent process, the agency will email approved labor certifications (certified ETA Form 9089 and final determination letter) to employers and their authorized attorneys or agents.
• Before filing the USCIS immigrant petition (Form I-140), the employer, foreign worker and preparer (if applicable) must print out the emailed ETA Form 9089 and sign and date it.
• For those who are unable to receive emailed documents, the agency will continue to mail paper approvals.

Background: The OFLC initially introduced the electronic issuance policy on March 24 because of the COVID-19 pandemic, and extended the temporary policy once before making it permanent.

BAL Analysis: The permanent shift to electronic PERM issuance is welcome news for employers. Employers are reminded to safe list plc.atlanta@dol.gov to ensure receipt of electronic PERM documents. A July 30 inter-agency memorandum of agreement allows the Department of Homeland Security to access all PERM applications submitted to the Department of Labor through the online system, providing greater government oversight of employer compliance with wage and other labor certification requirements.

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

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.