OFLC Announces Extension of Issuance of Electronic PERM Labor Certifications

June 16, 2020

OFLC announced that it is extending the period during which the Atlanta National Processing Center will issue PERM labor certification documents electronically to employers (and their authorized attorneys or agents) through September 30, 2020.

From the OFLC website:

Through September 30, 2020, employers (or their authorized attorneys/agents) who file the application and are granted a permanent labor certification by OFLC will receive the certified ETA Form 9089 and Final Determination letter by email. In circumstances where employers (or their authorized attorneys or agents) are not able to receive the certified ETA Form 9089 documents by email, OFLC will send the original security paper ETA Form 9089 and Final Determination letter using UPS regular delivery (i.e., approximately 2 to 8 days depending on delivery location).

Before filing Form I-140 with USCIS, the electronic copy of the certified ETA Form 9089 must be printed, and then signed and dated by the:

• Foreign worker;
• Preparer (if applicable); and
• Employer.

USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.

Important Reminder: To ensure proper receipt of electronic permanent labor certification documents and all other correspondence from the Atlanta NPC, OFLC reminds stakeholders to add plc.atlanta@dol.gov to their address book or "safe list" within email system(s) to avoid being filtered as spam.

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March 24, 2020

OFLC announced that beginning March 25, 2020, through June 30, 2020, the Atlanta National Processing Center (NPC) will issue PERM labor certification documents, including the certified Form ETA-9089 and Final Determination letter, electronically to employers and their authorized attorneys or agents in response to the COVID-19 pandemic.

In circumstances where employers or, if applicable, their authorized attorneys or agents, are not able to receive the certified Form ETA-9089 documents by email, OFLC will send the original security paper Form ETA-9089 and Final Determination letter using UPS regular delivery.

Upon email receipt of an electronic copy of the certified Form ETA-9089, the form must be printed, and then signed and dated by each of the following prior to filing the Form I-140 with USCIS: the foreign worker, preparer (if applicable), and the employer. USCIS may consider this printed Form ETA-9089, containing all signatures, as satisfying the requirement that petitioners provide evidence of an original labor certification issued by DOL.

Cite as AILA Doc. No. 20032435.