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The prevailing wage must be at or above the federal or state or local minimum wage, whichever is higher.
LCA WARNING: Effective upon the enactment of HR 1, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, pursuant to section 1611(b), Div. A, it is unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) ...MORE...LESS
unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. Employers who are recipients of such funding may not file Labor Condition Applications (LCAs) for new hires unless they complete the actions and make the attestations required of dependent employers. For more information regarding who is required to file under this provision, please see the USCIS guidance at http://www.uscis.gov/

*Until further notice, for those companies that are not dependent H-1B employers but are subject to this provision, please check Box "B" in Section F-1.1 of the ETA-9035 in order to demonstrate compliance as required. It is recommended that such employers retain documentation regarding their status.*

    PERM Processing Times

    (as of 10/31/2009)
    Processing Queue Priority Dates
    Month Year
    Final Reviews January 2009
    Audits November 2007
    Standard Appeals August 2007
    Gov't Error Appeals Current

    Quarterly/Annual Performance Reports

    FY 2007 Annual Performance Report
    FY 2006 Annual Performance Report

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Visa
Program
OMB Form Number and Title Form
Instructions
PERM ETA
Form 9089
Application for Permanent Employment Certification Acrobat icon: Link to download instructions
H-1B
H-1B1
E-3
ETA
Form 9035
Labor Condition Application for Nonimmigrant Workers Acrobat icon: Link to download instructions
H-2A
H-2B
ETA
Form 750A
Application for Alien Employment Certification Web icon: Link to download instructions
H-2A
H-2B
ETA
Form 750B
Statement of Qualifications of Alien Web icon: Link to download instructions
H-2A ETA
Form 790
Agricultural and Food Processing Clearance Order Web icon: Link to download instructions
H-1C ETA
Form 9081
Nurses for Disadvantaged Areas Acrobat icon: Link to download instructions
D-1 ETA
Form 9033
Attestation for Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports Acrobat icon: Link to download instructions
D-1 ETA
Form 9033A
Attestation for Employers using Alien Crewmembers for Longshore Activities at Locations in the State of Alaska Acrobat icon: Link to download instructions

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Created: March 10, 2009

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Updated: July 31, 2009

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Employment and Training Administration
U.S. Department of Labor, Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC 20210
www.doleta.gov | Telephone: 1-877-US-2JOBS | TTY: 1-877-889-5627 | Fax: 1-202-693-7888 | Contact Us