How to Request a Duplicate PERM Approval

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.

Client Reviews

  • Excellent service provided by the Team and every step of the way was very accurate and guidance was brilliant , we use USAVISANOW for our Companies Immigration needs , will recommend to every one.
    ★★★★★
  • After searching for an attorney/firm to prepare my NIW case I came across Marc’s website (usavisanow.com). I was immediately struck by how responsive they were, often answering my detailed questions within an hour. It took about 4 weeks from start the process to filing with USCIS – mostly because of the time it took me to obtain the reference / recommendation letters…
    ★★★★★
  • The Green Card process, or any immigration petition for that matter, can be a very daunting, stressful and confusing process for applicants. Thanks to Marc and his team, my experience (for both my Green Card application from start to finish, and H1B transfer from my former to my current employer) was none of those things.
    ★★★★★
  • I worked with Taylor and Associates Law P.C. on two separate cases — an H1B work visa and a marriage green card — and was very pleased with the high-level of service they provided. The visa process is very overwhelming, but my case manager, Mr. Dorer, made both processes easy and efficient because he is informative and is always quick to respond to my questions in a timely manner.
    ★★★★★
  • Marc Taylor and his team have been excellent in preparing and following-up on our case in a timely manner. The team has been prompt in filing all the paper work for the Green card for my husband. They answered every question I had (and I had a lot of questions!) quickly and clearly. I have already recommended their services to my friend who is getting married next month. Thank you for making this process seem easy!
    ★★★★★
  • We decided to go with Marc for our K-1 visa, for my fiance and son. Marc and his incredible team was an invaluable resource for us in uniting our family. I want to additionally extend my warmest regards and thanks to John for his patience and unwavering support! Thank you all so very much!
    ★★★★★
  • Have been using Marc Taylor’s services, usavisanow.com for a few years. Mr. Taylor provided assistance and guided us through many steps: from the initial H1B visa application all the way to the employment based Green Card. Very professional and quick to respond to our inquiries. The website is easy to use. Very convenient to send documents and track the progress of your application. Office employees are also very helpful and responsive.
    ★★★★★
  • My marriage based permanent residence case was prepared professionally and filed quickly. They responded to my emails in a very detailed and timely manner. The whole process was done online. They kept me updated about my case status during the whole process. Thank you Marc and your team for helping me through this process and not charging me thousands of dollars like some other lawyers.
    ★★★★★

Read More Client Reviews