Part E - Employment-Based Immigration
20 CFR 656 - Labor Certification Process for Permanent Employment of Aliens in the United States
20 CFR 656.10 - General Instructions
20 CFR 656.15 - Applications for labor certification for Schedule A occupations
20 CFR 656.17 - Basic labor certification process
20 CFR 656.20 - Audit Procedures
20 CFR 656.26 - Board of Alien Labor Certification Appeals review of denials of labor certification
20 CFR 656.3 - Definitions
20 CFR 656.5 - Schedule A
8 CFR 204.5 - Petitions for employment-based immigrants
INA 201 - Worldwide level of immigration
INA 202 - Numerical limitations on individual foreign states
INA 203 - Allocation of immigrant visas
INA 203(b)(2) - Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
INA 203(b)(3) - Skilled workers, professionals, and other workers
INA 212(a)(5) - Labor certification and qualifications for certain immigrants
There is no specific form that petitioning employers must use to comply with the notice of filing requirements for Schedule A petitions. The following is a sample notice of filing that petitioners may elect to use in the workplace. USCIS developed this sample for stakeholders’ convenience. It is not intended to be relied upon to create or confer any right(s) or benefit(s), substantive or procedural, enforceable at law by any person or other party in benefit applications before USCIS, in removal proceedings, in litigation with the United States, or in any other form or manner.
Officers should accept notices that are modeled after the sample, but should not require use of the exact sample. Petitioning employers may use other notice formats as long as they comply with the DOL regulations.
Notice of the Filing of the Application for Permanent Employment Certification
This notice is being provided as a result of the filing of an Application for Permanent Employment Certification (ETA Form 9089). The employer intends to permanently employ a foreign national in the job opportunity described below.
Any person may provide documentary evidence bearing on the application to the Certifying Officer of the U.S. Department of Labor. The address of the Certifying Officer is:
This Notice of Filing will be posted between 30 and 180 days before filing the permanent labor certification application.
INFORMATION ABOUT THE JOB OPPORTUNITY
EMPLOYER’S NAME: _________________________________________________________
POSITION TITLE: ____________________________________________________________
POSITION DUTIES: __________________________________________________________
RATE OF PAY: $________ per ____________
ADDRESS(ES) OF EMPLOYMENT: ______________________________________________
There is no bargaining representative for the job opportunity with the employer in the location(s) of intended employment.
This notice was clearly visible and unobstructed while posted. It was posted for at least ten (10) consecutive business days in a conspicuous location in the workplace, where the employer’s U.S. workers could readily read the posted notice, including but not limited to locations in the immediate vicinity of the wage and hour notices.
DATE POSTED: __________________________________
DATE REMOVED: ________________________________
LOCATION(S) WHERE THE NOTICE WAS POSTED: ___________________________________________________________________________________________________________________________
[PRINTED NAME AND TITLE]
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address Schedule A designations.
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 327.05 KB) between the AFM and the Policy Manual.
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].