DOL Starts Issuing Electronic PERM Labor Certifications in Response to COVID-19

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Due to the COVID-19 National Emergency, the Department of Labor Office of Foreign Labor Certifications has announced it will begin issuing certified Form ETA-9089 (labor certifications) by email. Typically, approved labor certifications are printed on special security paper and sent via regular The emailed copy of the certified labor certification can be printed, signed and used to file Form I-140 with USCIS from March 25, 2020, through June 30, 2020.

This change supports employers, and employees as they work remotely during this global pandemic. It is important to note that the certified labor certification must be signed by the employer, the preparer (if applicable), and the foreign worker before filing. DOL will still send out the original Form ETA-9089 and the Final Determination letter for those who not able to receive emails. 

This is a welcomed change and will allow employers to file Form I-140 with greater speed and ease. However, employers will not be able to request premium processing service for I-140 petitions, as USCIS recently announced a temporary suspension of premium processing services.

It is not yet clear whether USCIS will accept digitally reproduced signatures on the certified labor certification, although USCIS did confirm recently it will accept signature copies on immigration forms and documents . Until this has been expressly confirmed, our recommendation is to have the certified labor certification signed and filed using original signatures when possible. 

Key tips: 

  • Employers and preparers should ensure they have added plc.atlanta@dol.gov to their email address book to ensure any emails are not sent directly to their SPAM folder; and

  • Ensure the printed copy of the certified labor certification is properly signed before filing

Questions?

If you have any additional questions about how this new labor certification development impacts you, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.