If the employer’s minimum requirements include some period of training, must the alien beneficiary’s training be listed on the Application for Permanent Employment Certification, ETA Form 9089, Section K, as well as attested to in Section J?
An employer must list the actual minimum requirements for the job opportunity sought to be filled through the filing of the labor certification application.
If training is required, the employer must list the training required for the position in Section H.5, noting the number of months of training required in H.5.A, and the field of training in H.5.B.
The employer and alien beneficiary must also attest that the alien beneficiary meets the training requirement in section J.17.
The employer is also required to list in Section K, as noted on the Form ETA 9089, “any other experience that qualifies the alien for the job opportunity for which the employer is seeking certification.”
Accordingly, an employer seeking certification should list in Section K any training experience possessed by the alien that qualifies the alien for the job opportunity, regardless of how the training was secured.
The source of the training should also be identified.
For example, an application for the job opportunity of physician filed on behalf of an alien that requires 36 months of medical residency training in H.5 should not only mark section J.17 as “yes” but also list in Section K all training experience by which the alien meets that training requirement, as well as any other experience requirement.
An employer filing an application for a job opportunity that requires 12 months of training in section H.5 should also list the training received by the alien in section K, regardless of whether it was a paid training opportunity, and also list the source of the training.
When completing section K, enter the training provider in the employer information section, to include the address.
For the type of business, enter ‘training provider’ unless the training is of a work study type such as an apprenticeship or medical residency.
The job title should be ‘Training’ unless there is an actual job title, in which case it should begin with ‘Training -‘ followed by the title, such as ‘Training – Apprentice Carpenter’.
The employer should enter the beginning and end dates of the training.
When there is an actual number of hours of training, the employer should enter those actual hours, otherwise the employer should enter the average number of hours per week spent in training.
In the “Job Details” the employer should list the topics covered by the training, any certification of completion issued and, when applicable, the organization issuing the certificate, if different from the training provider, and the final test completion or certification date.
For example:
Employer A completes Section K as follows:
1. Large Teaching Hospital
2. 111 Main Street
3. Anytown, DC 99999 USA
4. Hospital
5. Training-First Year Resident
6. 01/01/2000
7. 12/31/2000
8. 60
9. Basic hospital procedures. Patient care techniques. Staff duties and responsibilities.
10. First Year Residency Certificate, 12/31/2000
Employer B completes Section K as follows:
1. Independent Project Management School
2. 111 Main Street
3. Anothertown, DC 99999 USA
4. Training Provider
5. Training
6. 01/01/2000
7. 12/31/2000
8. 20
9. Basic project management concepts. Use of graphics tools. Resource allocation.
10. Professional Project Manager Certificate, Project Management Institute, 01/12/2001