- The Office of Foreign Labor Certification is permanently issuing PERM labor certifications electronically
- OFLC will email approved labor certifications to employers and their authorized agents
- Employers and foreign workers must print, sign, and date the emailed ETA
- Form 9089 before filing Form I-140
- Individuals who cannot receive electronic documents will still obtain paper approvals
The Labor Department’s Office of Foreign Labor Certification (OFLC) plans to issue PERM labor certification documents electronically permanently. The agency introduced the electronic issuance policy on March 24, 2020. The policy was previously extended once before becoming permanent.
What is the change?
The OFLC will email approved labor certifications to employers and their authorized agents and attorneys, including certified ETA Form 9089 and final determination letters. The employer and foreign worker must print, sign, and date the emailed ETA Form 9089 before filing Form I-140, the USCIS immigrant petition. Applicants who are unable to receive electronic documents will still receive paper approvals.
What are the Impacts on Applicants and Employers?
Employers and applicants will benefit from the now-electronic PERM issuance policy. Employers should add the email address email@example.com to their safe senders’ list if they have not done so already to ensure they receive all electronic PERM documents. Additionally, an inter-agency memorandum signed on July 30, 2020, provides the Department of Homeland Security with access to all PERM applications submitted through the Labor Department’s online system. This access offers more government oversight of employers’ compliance with specific requirements such as wage and labor certification.