Labor Certification Process
for Permanent Employment of Aliens in the United States
PROGRAM DESCRIPTION: This program allows an employer, who has
been unable to hire a worker eligible to work in the United States, to
file a labor certification application to employ a foreign worker on a
permanent basis.
REGULATIONS: 20 CFR, Part 656
PERMANENT LABOR CERTIFICATION PROGRAM: On December 27, 2004,
the Employment and Training Administration (ETA) of the U. S. Department
of Labor (DOL) published in the Federal Register the final rule for
implementing the re-engineered permanent labor certification system.
This final rule, PERM, was effective March 28, 2005, and applies to
labor certification applications for the permanent employment of aliens
filed on or after that date. Applications filed by Texas employers under
the new rule will be processed in ETA’s Chicago National Processing
Center. Permanent labor certification applications filed prior to March
28, 2005, will continue to be processed under the previous regulations.
(except as employers choose to “refile” under the new PERM
regulation). Under PERM, prevailing wage determinations must be made
by TWC for employers in Texas.
- Starting March 28, 2005, the Texas Workforce Commission (TWC)
will no longer accept and process any new permanent labor
certification applications postmarked March 28, 2005, or later.
- An application for labor certification (ETA Form
9089) must be filed with the National Permanent Labor Certification
Processing Center in Chicago, IL. The instructions for this form may
be found at
http://www.foreignlaborcert.doleta.gov/faqs.cfm. The
application may be sent to the Center by mail or may be filed online.
- Under PERM, Texas employers filing permanent labor certification
applications on or after March 28, 2005, must file with ETA’s
Chicago Processing Center, not with TWC. Therefore TWC will return
to sender any applications received by TWC that are postmarked March
28, 2005, or later so the sender may file the application in
accordance with the new PERM procedures.
REQUIRED WAGES: The wages paid to foreign workers must be at least
the higher of the actual wage rate paid to all other workers with similar
experience and qualifications for the specific employment in question or
the prevailing wage rate for the occupational classification in the area of
employment. Requests for prevailing wage determinations must be sent to
TWC Prevailing Wage Determinations.
WHERE TO FILE APPLICATION:
On Line at http://www.plc.doleta.gov/
Mail
U.S. Department of Labor
Employment and Training Administration
Chicago Processing Center
844 North Rush Street, 12th Floor
Chicago, IL 60611
Telephone: (312) 886-8000
Fax: (312) 886-1688
Please e-mail questions or comments to
alienlabor@twc.state.tx.us
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