From FAQ’s 8:
Procedure for requesting a Duplicate Labor Certificate. ETA-9089.
Filing the I-140 without the Original ETA 9089:
The following steps are suggested when requesting a duplicate ETA-9089 through USCIS.
Please include on the top of the I-140, Petition for Alien Immigrant Worker, a cover sheet (preferably highlighted with colored paper) stating the following:
LOST OR MISPLACED LABOR CERTIFICATION, REQUEST FOR DUPLICATE, DO NOT REJECT
On the same sheet, the following information should also be included:
1. Attorney name;
2. Petitioner’s name;
3. Beneficiary’s name;
4. ETA case number;
5. Priority Date;
6. Specify whether you want USCIS to initiate the request for duplicate certificate ETA-9089 or you have contacted DOL to initiate the request for duplicate;
7. Proper fee, signature and all required supporting documents;
8. A print screen showing that the case has been certified.
9. Provide the reason(s) for requesting that the Service Center secure a duplicate, approved labor certificate from DOL, e.g. “Case was certified, original approved labor certificate was never received in the mail.”
Once the duplicate certificate ETA-9089 is received by USCIS, the petitioner and/or his representative will be contacted via a Request For Evidence (RFE) notice in order to secure the petitioner’s signature on the duplicate certificate.
The certificate must be signed by the petitioner before USCIS can accept it for filing purposes.
Petitioners must send the signed duplicate ETA-9089, along with a copy of the RFE notice requesting the signature. Failure to do so may result in significant delays in processing or denial.
Petitioners are reminded not to submit concurrent I-140 and I-485, Application for Permanent Residence, when submitting petitions without the labor certificate, and with a request that USCIS secures a duplicate ETA-9089 from DOL or evidence of having requested the duplicate from DOL.
If Forms I-140 and I-485 are concurrently filed without the ETA-9089, but with a request for duplicate labor certificate, the I-140 may be accepted and the I-485 rejected. However, if the fees for both forms are remitted with a single check, both forms will be rejected.
Applicants who have submitted a Form I-140 with a request for duplicate labor certificate ETA-9089 are encouraged to wait until approval of the Form I-140 before submitting Form I-485. When submitting the Form I-485 subsequent to approval of the Form I-140, the approval notice of the Form I-140 must be submitted as well, along with appropriate fees and supporting documents.
REMEMBER THAT DOL WILL NOT SEND THE DUPLICATE CERTIFICATE TO YOU. DOL WILL SEND IT TO USCIS.
Requesting the Duplicate ETA 9089 after I-140 has been filed:
A copy of an approved PERM labor certification can be requested pursuant to Section 656.30(e) (2).
An employer must submit the written request for a duplicate PERM labor certification to the issuing Certifying Officer along with documentary evidence that a visa petition or application was filed with USCIS (i.e. copy of I-140 receipt notice).
The Certifying Officer can only reissue the duplicate PERM labor certification to a Consular or Immigration Officer providing the request is accompanied by documentary evidence that a visa application or visa petition, as appropriate has been filed.
Requests for a duplicate ETA-9089 can be initiated by the petitioner by contacting the Department of Labor or by requesting that CIS assist with obtaining a duplicate labor certificate ETA-9089 from DOL.