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Labor Certification (PERM) Evidentiary Files

The Department of Labor regulations at 20 CFR 656.10(f) require that employer who file PERM applications on behalf of employees or prospective employees retain "Copies of applications for permanent employment certification filed with the Department of Labor and all supporting documentation . . . for 5 years from the date of filing . . ."

The specific materials that an employer is required to maintain include:

  • A complete copy of the application (form ETA 9089) filed with the DOL;
  • Copies of all printed ads;
  • A copy of the state job bank posting;
  • If the application was for a professional position, copies of the three additional recruiting efforts undertaken;
  • A copy of the internal job posting, including a signed certification concerning the dates and place posted; and,
  • A copy of the prevailing wage determination.


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