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  • News: DOL Updates FAQ on ETA Form 9089

    Where on the ETA Form 9089 should I enter the foreign worker's qualifications, such as certifications, licensure, or other credentials, to show that he/she meets the actual minimum requirements?

    ETA must assess whether the foreign worker possesses all the qualifications for the employer's job opportunity. When the employer lists specific skills and other requirements for the job opportunity in Section H, Question 14, the employer must also demonstrate on the ETA Form 9089 that the foreign worker possesses those skills and requirements. In order to do so, the employer should list separately in Section K all the foreign worker's qualifications, such as certificates, licenses, professional coursework, or other credentials that meet the requirements to perform the job opportunity listed in Section H, if those qualifications have not already been explicitly identified under information about the jobs held in the past three years. If not listed elsewhere, the list of certificates, licenses, professional coursework, or other credentials held by the foreign worker and required in order to perform the job opportunity, should be entered after all jobs held in the past three years are listed, under Question 9, "Job Details (duties performed, use of tools, machines, equipment, etc.)"; Question Numbers 1-8 requesting information about the job can be left blank.

    For example, assume a situation in which the foreign worker has had two jobs in the last three years, and holds a license required to perform the employer's job opportunity that he or she obtained in the last three years through a course of study not undertaken in connection with either job. The employer should complete Section K, Question Numbers 1-9 for Job 1 and Question Numbers 1-9 for Job 2. If the required license is not explicitly stated in information provided under Job 1 or Job 2 in Section K because it was not obtained performing either job, the employer must list the license since it demonstrates the foreign worker meets the requirements to perform the job opportunity under Job 3, Question 9. The employer may leave blank Question Numbers 1-8 on Job 3.

    Examples of certifications, licensure, or other credentials that must be provided in Section K if relevant to the foreign worker's qualifications include, but are not limited to, bar admission, medical residency, ordination, professional exams, certifications such as medical Board certifications or other professional certifications, teaching certificates, university or professional coursework, and professional insurance.

    The employer must be prepared to demonstrate the business necessity of each and every special skill or requirement listed in Section H.
     
    Such qualifications must be listed on any application submitted on or after the date of posting of this FAQ.
    July 28, 2014
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