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Alien Labor Certification

Notice: New Alien Labor Certification Process

Beginning March 28, 2005 employers will no longer file permanent labor certification applications with their local states. The Department of Labor has implemented a new Permanent Foreign Labor Certification Program Electronic Review Management (PERM) Program. PERM is an automated processing system to file permanent applications either online, by fax, or by e-mail. The PERM program requires a new ETA 9089 form to be submitted to the Chicago National Processing Center. The current ETA 750-A and ETA 750-B forms will be obsolete for filing permanent labor certification on that date.

The ETA 9089 forms may be filed online at http://www.foreignlaborcert.doleta.gov/ or be mailed, or faxed to the Chicago National Processing Center at the following address:

U.S. Department of Labor
Employment and Training Administration
844 North Rush Street, 12th Floor
Chicago, Illinois 60611
Phone: (312) 886-8000
FAX: (312) 886-1688

For questions regarding PERM, the U.S. Department of Labor email address is PERM.DLFC@dol.gov or http://www.foreignlaborcert.doleta.gov/faqs.cfm.

The Texas Workforce Commission (TWC) has been instructed to return all ETA 750-A and ETA 750-B forms/applications that are received postmarked March 28, 2005 or later to the sender so that they may file with the Chicago National Processing Center in accordance with the new PERM regulations. All applications received postmarked March 27, 2005, or before will be processed in accordance with the pre-PERM regulations.

Notice: New H-2A Temporary Agricultural Labor Certification Process Beginning August 1, 2005, Texas employers will file original copies of their H-2A applications with the Chicago National Processing Center and simultaneously file a copy with the TWC Alien Labor Certification Unit. The address and telephone numbers for the Chicago National Processing Center are given above.

• Overview of the Alien Labor Certification Program
• H-1B Applications in Specialty Occupations
• Form 9035 for H1-B (PDF)
• Labor Certification Process for Permanent Employment
• Instructions (PDF) for Completing Form ETA 9089 for Permanent Employment
• H-2B Process for Temporary Non-Agriculture Alien Labor Employment
• Instructions for Completing Form ETA 750, Parts A for Temporary Non-Agriculture Employment
• H-2A Process for Temporary or Seasonal Agriculture Employment
• Overview of the Prevailing Wage Process
• Locations of related Internet Web Sites
• ETA Forms for Alien Labor Certification

Please e-mail questions or comments to alienlabor@twc.state.tx.us