Music everybody, my name is Jacob Sebastian, and I'm an immigration attorney based in San Diego, California. In this video, I will share with you the five most common mistakes that employers make every single time when they are involved in the process of filing a labor certification, also known as PERM. Mistake number one: When you fill out ETA 1989, which is also the PERM application, it's essential to check every single line on that form. The number one mistake is that employers who do it on their own or even those who work with attorneys experienced in the process fail to check the form correctly. Even one typographical error, wrong checkmark, or misspelling of a name can result in denial of the case. If a case is denied because of a typographical error, there's no way to correct it. Sometimes, you have to file a new one, and it can get really complicated. Hence, double and triple check the form very carefully to match everything done up to the moment of filing. Mistake number two: Employers and individuals working with employers make mistakes in the placement of ads. The most common mistake is putting ads on the wrong dates or with incorrect information. There is a specific requirement to have two Sunday ads. If you put an ad on one Sunday, the next ad should not be on a Monday, as that is not correct and can result in denial of the case. It is crucial to outline the recruitment schedule beforehand and work with an agency or newspaper to ensure ads are placed on the correct dates, matching the form requirements. Even one wrongly placed ad can lead to the denial of the entire case. Mistake number three: Employers and individuals working with employers fail to align the employee's past...
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Eta 9089 2024 Form: What You Should Know
U.S. Department of Labor's (DOL) Employment and Training Administration (ETA), a federal agency. This form is used by employers to demonstrate that their potential employees have the skills needed to perform a job. An ETA employer may also prepare other types of work permit applications including TPDS (visa sponsored by US Citizenship and Immigration Services for TED purposes). The INA also provides for the employment of unauthorized aliens (the ETA Form 9089) to meet temporary labor needs in the private sector. ETA Form 9089 includes a list of skills required in a job and the ETA Employer's Recommendation for an alien that meet that requirement. The document is issued by the ETA's Regional or Area Office. All approved ETA Form 9089s must be filed with the INA. The INA's regulations on ETA Forms 9089 and employment of aliens, see 6 C.F.R. Section 10.8(c): “The labor certification and work authorization provisions of the Immigration and Nationality Act shall not apply to a foreign national who becomes a lawful permanent resident pursuant to an ETA Form 9089 because the foreign national, not having obtained a work permit from the Federal Government, is employed outside the United States on a 'job offer' which results in a work permit.” The ETA also can issue H-2A and L-1 non-immigrant visas. Permits for H-2A and L-1 aliens are issued only if the alien satisfies all the required conditions. Permits for H-2A and L-1 aliens who are in the United States for a temporary business need should be sought from INVS or INA. For H-2B and L-3 temporary guest worker permits, the ETA will have no such authority. The INA permits aliens in the United States for a limited period of time for a specified employer to perform specified services. The INA states that H-2B and L-3 aliens cannot be employed for wages more than two times their prevailing wage, except the agricultural worker, who may be paid three times their prevailing wage. These H-2B and L-3 aliens will be in this restricted status with the ETA until their permits expire or are withdrawn from INA.
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