PERM Certified Question

[WindyChicago]

Hello,
My boss received a letter from DOL saying "Form ETA 9089 has been certified and is enclosed". It only took DOL 7 days to certify my PERM. However, there's no Form ETA 9089 came with that letter. And my lawyer said he hasn't received anything from DOL yet. Is my employee or my lawyer supposed to received a signed and certifed copy of Form 9089? How long will it take? Can I apply for I-140 without that certified Form 9089? Does anyone has similar experience? Please help.
Thanks much!

[WindyChicago]

Hello,
My boss received a letter from DOL saying "Form ETA 9089 has been certified and is enclosed". It only took DOL 7 days to certify my PERM. However, there's no Form ETA 9089 came with that letter. And my lawyer said he hasn't received anything from DOL yet. Is my employee or my lawyer supposed to received a signed and certifed copy of Form 9089? How long will it take? Can I apply for I-140 without that certified Form 9089? Does anyone has similar experience? Please help.
Thanks much!

[Sugarpuff]

Did your employer submit the 9089 electronically?

[WindyChicago]

Hi Sugarpuff,

My lawyer submitted PERM electronically. Then he printed out the form, my boss and I signed it and he mailed it back to DOL.

Thanks

[Sugarpuff]

PERM is the new labor certification process. It has relaced the ETA 750

Windy:

Are you sure it was SUBMITTED electroically or was it just prepared on line but not submitted on line? If the form was submitted electronically it will be returned to your boss via the same method. Once it is it should be signed and included with the I-140.

Why did your boss mail it to the DOL? It sounds as though your boss either DID NOT submit the form electronically but rather prepared it on line and submitted by mail or he misunderstood the directions and submitted it by mail in addition to submitting it electronically.

[WindyChicago]

Hi Sgarpuff,

My lawyer submitted form successfully online and then printed it out. My boss, my lawyer and I all had to sign the 14-page form. Then my lawyer mailed the form alone with other evidence which showed our recruitment efforts in the past 6-month to DOL in case they want to audit us. I'm pretty sure my PERM was approved and certified. Please see this page, the letter DOL sent to my boss is exactly the same as the one on this web page:
http://www.uslawnet.com/Englishhome/...al_Faculty.htm

It says "Form ETA 9089 has been certified and enclosed" In fact there's no form in the envelope except that piece of letter. DOL officer is supposed to sign page 9 of ETA 9089 form and send it back to us. My lawyer said it will take about 3-month to get the Form 9089 back from DOL. But I don't want to wait that long. Can I still apply for 140?
Did you have similar expereince? Sometimes, lawyers tell difference story. That's why I want to hear from other people.

Thanks

[Sugarpuff]

If the PERM application was submitted electronically then you should have received the certified 9089 electronically.

For some reason your employers lawyer seems to have submitted the 9089 by mail. Otherwise I don't see why he would have mailed it by itself.

Your employer can not file the I-140 without the certified 9089. YOU should not be filing the I-140 as it is strictly an employer petition. At this point your employer or their attorney should contact the DOL processing center and request a copy of the certified 9089 as one was not included with the approval letter.

[Sugarpuff]

Windy,

Sorry, I guess I was a little misinformed. You ARE supposed to get the certified 9089 in the mail even if your employer filed the application on line. That is not how it originally was supposed to work (it does not make any sense to me as I thought it would work like the LCA).

ANYWAY, I checked and it seems as though other people are having the same problem you had....just have your attorney contact the processing center for the certified 9089. Unfortunately you can not file the I-140 without the certified 9089

[WindyChicago]

Thanks a lot Sugarpuff,

I asked my attorney to check the website where he filed my PERM and he said he couldn't find any certified 9089 to download. I guess I have to wait for DOL to send certified 9089 back to us. My attorney said it would take them probably 90 days to send it back. I will have my figer crossed.
Thanks again. Have a nice Holiday!

[WindyChicago]

BTW Sugarpuff, have you heard such thing like I can file 140 and ask USCIS to request certified 9089 directly from DOL? Some people said PERM regulation has that rule.

[Sugarpuff]

I will check when I go into the office next week. I will get back to you on this by the middle of next week. These types of questions help me sharpen my skills. You have a good one too.

[WindyChicago]

Thanks Sugarpuff,

I will wait for your news.

[Sugarpuff]

Windy,

It seems that you are not alone in this situation and the DOL knows the error exists. The lawyer must file a request to have the certified PERM forwarded to him... there is a special form he must use but I was not able to find out the number.

good luck

[WindyChicago]

Thanks Sugarpuff,

I guess I will ask my lawyer to do that.

[rosendamanns2]

YOU should not be filing the I-140 as it is strictly an employer petition. Pest Control Tustin