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Department of Labor Seeks Extension of the Application for Permanent Employment Certification; Requests Comments by July 7
May 12, 2014
The Department of Labor is currently seeking comments on the Application for Permanent Employment Certification (ETA Form 9089). This information collection required by Immigration and Nationality Act (INA). The Departments of Labor and Department of Homeland Security (DHS) have promulgated regulations to implement the INA.

Section 212(a)(5)(A) of the INA requires the Secretary of Labor to certify that any alien seeking to enter the United States for the purpose of performing skilled or unskilled labor is not adversely affecting wages and working conditions of U.S. workers similarly employed and that there are not sufficient U.S. workers able, willing, and qualified to perform such skilled or unskilled labor. Before any employer may request any skilled or unskilled alien labor, it must submit a request for certification to the Secretary of Labor containing the elements prescribed by the INA and the regulations. The regulations require employers to document their recruitment efforts and to substantiate the reasons no U.S. workers were hired.

In order to meet its statutory responsibilities under the INA, DOL must extend without modification an existing collection of information pertaining to employers seeking to import foreign labor.

The May 5 FEDERAL REGISTER which provides additional background, burden hour estimates, and the desired focus for public comment. Comments are due by July 7.