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Delaware Department of Labor

PERM Program

Permanent Labor Certification allows an employer to hire a foreign worker to work permanently in the United States. The employer must obtain an approved labor certification request from the DOL’s Employment and Training Administration (ETA). The DOL must certify to the U.S. Citizenship and Immigration Services (USCIS) that there are no qualified U.S. 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 alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The FLC Unit does not process PERM Program cases but cases are processed and filed electronically or by mail through the USDOL website. Prior to filing Form ETA 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA). All employers filing for PERM Program (except for those applications involving college or university teachers selected pursuant to a competitive recruitment and selection process, Schedule A occupations, and sheepherders) must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application. The employer must categorize the lawful job-related reasons for rejection of U.S. applicants and provide the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity. A job order is issued by the SWA using a request form.

It is recommended that employers file electronically. It is faster, but it will also ensure the employer has provided all required information. The employer would have to register and establish an account, then electronically fill out the information and submit it. Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the processing center. Email: for PERM Specific Questions &
 for Technical Questions.

Retain all supporting documentation for five years from the date of filing. Once Atlanta National Processing Center approves the application, the ETA Form 9089 is “certified” (stamped) by the Certifying Officer and then returned to the employer/agent who submitted the application.

After approval of the labor certification, the employer must file an “Immigrant Petition for an Alien Worker” with the U.S. Citizenship and Immigration Services (USCIS), Form I-140. The employer files the certified ETA Form 9089 and a completed USCIS Form I-140, along with the appropriate fees, and then submits the package to the appropriate USCIS Office.

Schedule A Occupation
An employer shall apply for a labor certification for a Schedule A occupation by filing an ETA Form 9089, in duplicate with the appropriate USCIS Center, NOT with the Department of Labor or the SWA.

This office issues job orders and prevailing wage requests for the permanent certification upon request by using FLC’s request forms. For any Schedule A Occupation Information or additional information, please refer to the U.S. DOL Foreign Labor Certification Website for Permanent Labor Certification.

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