On August 3, 2010, the U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification issued "Frequently Asked Questions, Permanent Labor Certification, Round 11." The issues addressed include the following:
- Expediting requests. The Office of Foreign Labor Certification, as a matter of policy, does not expedite the processing of applications due to the particular circumstances of any individual employer, foreign worker or family member.
- Employee referral program as a form of recruitment. An employer can document its use of an employee referral program with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered as well as other appropriate documentation. In addition to establishing the existence of a referral program, employers must document that their employees were aware of the vacancy for which certification is being sought through means such as a posting on the employer's internal website.
- Unsolicited documentation. Where an employer or its representative submits unsolicited documentation in conjunction with, or after filing an ETA Form 9089, the application will be automatically selected for audit, except in the case of a request for reconsideration filed after an application is denied.
- What does the U.S. Department of Labor count as a business day? The Office of Foreign Labor Certification has interpreted business days to mean Monday through Friday, except for federal holidays.