2 Important Questions for Labor Certification and Experience Letters

[harikiran97]

Hi there,

I have following questions :-

1. I got my labor certified as per the DOL website. But neither I or my lawyer has received the official documentation since 3 weeks. Please let me know how long does it take to official documentation from DOL ?

2. I had dispute with my employer and for that reason I am not able to get the experience letter from him. Hence I have got a letter from my colleague who used to work with me. Question is
(a) Do I need to do the affidavit for the from my friend.?
(b) What other documentation needs to be provided during I 140 ? Paystubs ( how many ? and how recent ?) or W2 ?

Please advise on the above questions. I would appreciate anyone's reply on this.

harikiran97

[Anjelo]

Filing the Labor Certification Application


To obtain the labor certification, the employer must file the Application for Permanent Employment Certification Form ETA-9089 with the State Employment Security Agency (SESA) which reviews the application for completeness and assesses whether the wage being offered and designated requirements are met.

The application must describe in detail the job duties, educational requirements, training, experience and other special capabilities the applicant must possess to do the work, and a statement of the prospective immigrant's qualifications.


The Process

The SESA will work with the employer to develop a job advertisement for placement in either a journal or newspaper of general circulation in the area of intended employment (depending on the nature of the job). The ad must contain a complete description of the vacancy including job responsibilities, duties, salary and minimum qualifications (education, training, and experience). The employer must interview all candidates who apply and meet the position requirements.

The employer will evaluate job candidates against the job criteria (as established in Form ETA-9089 Application for Permanent Employment Certification), and must submit a recruitment report to the SESA after applications have been received and qualified applicants interviewed. The recruitment report is a summarization of the applications received and the candidates interviewed, including any decisions made to hire or not hire the candidates

If any qualified U.S. workers are identified during the process, the DOL denies the application

The information gathered by the SESA will be collated and forwarded to the regional DOL office for review and a decision. Generally, the SESA will notify the employer when the application and all associated documents have been forwarded to the certifying officer in the regional office

Once the certifying officer has reviewed the recruitment report and accompanying documentation, the certifying officer will issue a final determination granting or denying the application


The DOL may require additional information, interviews or advertisement if it feels the employer has not met all conditions for certification. It may issue a Notice of Findings (NOF) indicating the intent to deny the application and identifying all reasons for the intended denial. The NOF will also offer the employer an opportunity to rebut the NOF within 35 days. The letter will also provide guidance to the employer regarding their right to appeal the final decision.

The Labor Certification process can sometimes take several years depending on the state in which the job is being offered. States that are popular sites for immigrant hiring, such as New York, Texas, or California, may take much longer than states with less such activity. View the Latest Labor Certification Processing Times

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

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.