What To File: PERM Documentation

Listed below are answers from an immigration lawyer regarding your questions about PERM and work permits. Be sure that you are in compliance with the effective date, March 28, 2005, for the new PERM regulations.

Question: What forms or documents must the employer include in an application?

Answer: The employer must file a completed Application for Permanent Employment Certification, ETA Form 9089.

Answer: Except as required for applications filed under § 656.5, Schedule A, supporting documentation need not be filed with the application, but the employer must provide the required supporting documentation if the employer's application is selected for audit or if the Certifying Officer otherwise requests it.

Question: How long must supporting documents be retained?

Answer: The employer is required to retain all supporting documentation for five years from the date of filing the Application for Permanent Employment Certification, ETA Form 9089.

Question: When must applications be signed?

Answer: 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. Applications filed electronically must, upon receipt of the labor certification, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.

Note: Where the employer provides a copy of an application to a Certifying Officer pursuant to an audit or otherwise, the copy must be signed.

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