Notice of DHS's Requirement of the Permanent Labor Certification Final Determination for Form I-140 Petitions
Published Date: 1/14/2025
Notice
Summary
Starting January 14, 2025, anyone filing a Form I-140 petition for immigrant workers must include a final approval of their permanent labor certification from the Department of Labor’s new online system. This change affects employers and workers applying for green cards in certain job categories and helps speed up and simplify the process. No new fees are mentioned, but timely submissions are key to avoid delays.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Printed Final Determination Required
Starting January 14, 2025, anyone filing a Form I-140 that must be accompanied by a Department of Labor (DOL) approved permanent labor certification must include a printed copy of the electronic ETA-9089 Final Determination. The printed Final Determination must be completed and electronically signed by DOL and signed by the foreign worker, employer, and the employer's attorney or agent, if applicable; USCIS will treat that printed copy as an original approved labor certification.
Schedule A and Sheepherder Filing Details
For Schedule A occupations and sheepherder petitions, Form I-140 must include a completed, uncertified Form ETA-9089 with all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1. For National Interest Waiver petitions, Form I-140 must include a copy of Form ETA-9089 Appendix A and a signed Final Determination.
USCIS May Require Full Certified Records
USCIS may still issue a request for evidence or notice of intent to deny and ask petitioners to submit a copy of the complete certified Form ETA-9089 and all applicable appendices if systems are unavailable for validation or if the Final Determination document is substantively inconsistent with DOL data. In rare instances when DOL cannot send an electronic certification to an employer, DOL will mail a paper copy which also satisfies the requirement.
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