Filing Alien Labor Certifications under PERM
University of Texas at San Antonio
PERM, Program Electronic Review Management, is a completely revised, attestation-based
system for the filing and processing of labor certification applications by U.S. employers for
the permanent employment of aliens in the United States. This new Department of Labor
system went into effect March 28, 2005.
Under this new system, supporting documentation is not included at the time of filing. The
attestation form, ETA 9089, is reviewed initially by computer. If the application is not
selected for audit, the application will be certified within 45-60 days of the date it is filed.
Due to the lack of supporting hard-copy evidence, a greater number of files will be selected
for audit than under the previous ALC system.
PERM retains the option that allows employers of college and university teachers to use the
results of the employer’s own competitive recruitment procedure. PERMA also preserves
the statutory benefit that allows such employers to select the alien if he or she is more
qualified than any U.S. applicant.
New to this process are the following requirements:
All employers must obtain a Prevailing Wage Determination from a State Workforce
Agency (in Texas, the Texas Workforce Commission) before filing their application.
An employer is required now to pay 100% of the Prevailing Wage as determined by
the SWA. This Prevailing Wage is requested by the Office of International Programs,
based on information submitted to OIP on the ALC Attestation completed by the
Employers must post a notice of the ALC filing between 30 and 180 days before filing
the attestation. This notice must be posted for 10 business days. A sample of this
notice is available at www.utsa.edu/intprograms/forms/PostingNotice.doc
Employers must develop and retain documentation of their compliance with the
regulations in case of a DOL audit.
Retained in the regulations, for university faculty positions:
An ad for the position must have been placed in a printed professional journal.
The position must have been offered to the alien no more than 18 months before
the filing of the ALC attestation.
To enable the Office of International Programs to file an Alien Labor Certification on behalf
of an academic department, the “Alien Labor Certification Attestation” form must be
completed and signed by the Department Chair or the Dean of the College.
Office of International Programs
April 7, 2005