Sponsor Licence Renewals US

A permanent Labor Certification from the Department of Labour (DOL) allows a US employer to hire foreign professionals. The labour certification verifies that hiring foreign workers meets requirements and will not undermine American labour regulations.

Having a valid Sponsor Licence means employers can continue to employ existing workers as well recruiting new foreign workers to help full skill gaps.

Failure to comply with the rules around employing foreign workers in the US can have long-term implications for companies and could impact on productivity and reputation.

Page Contents

• Overview of Sponsor Licence Renewals in the US
• What is the General Procedure for a Sponsor Licence Renewal Application?
• What Documents Are Required for the New Sponsor Licence?
• Specific Requirements For Worker Sponsorship Licence Renewals
• What is the Sponsor Licence Renewal Fee in the US?
• How Long Does The Sponsor Licence Renewal Process Take?
• What Are the Common Grounds for a Sponsor Licence Renewal Refusal?
• How to Avoid Sponsor Licence Refusal
• How Can IAS Help With the Sponsor Licence Renewal?
• FAQ

Renewing your Sponsor Licence is important for continuing to employ foreign workers legally. The DOL will send reminders to Sponsor Licence holders about renewal starting 90 days before expiration.

The key steps to renewing your DOL certificate are:

• Employer submits a completed ETA Form 9089 renewal application with job details and qualifications.
• Employer gets the prevailing wage determination for the role from the National Prevailing Wage Center (NPWC).
• Employer conducts recruitment according to Sponsor Licence renewal regulations and prepares a report.
• Supporting documentation retained but not filed initially.
• If approved, certified ETA Form 9089 is returned to the employer, and the Sponsor Licence application is complete.

All licence renewal applications should be submitted well before expiration, as the DOL may conduct audits or a compliance visit.

Renewing a Sponsor Licence requires the employer to submit various documents and information to the immigration authorities before the licence expiry date. This documentation proves that the employer and foreign worker continue to meet Sponsor Licence eligibility requirements. The documents needed include:

• Previous Sponsor Licence that is expiring
• Completed Sponsor Licence renewal application and fees
• Updated employer business information (structure, finances, staffing, etc.)
• Employer letter confirming intent to continue sponsoring the foreign worker
• Updated job requirements and qualifications
• New prevailing wage determination for the role
• Recent recruitment records showing no qualified US workers available
• Job offer letter to the foreign worker
• Foreign worker’s updated personal information
• Foreign worker’s updated immigration status paperwork
• Employer-employee work agreement
• Any other evidence requested by DOL

If mailing the application, the employer, employee, and person filling out the form should sign it before sending to the DOL. If applying online, sign the Sponsor Licence renewal application form as soon as you get it. Keep all paperwork for at least five years after submitting the Sponsor Licence renewal application.

For a Sponsor Licence renewal approval, the employer should fully complete the application honestly and consistently. Before applying for a licence renewal, gather:

• The employer’s full legal name and headquarters address
• Total number of employees
• Year the business started
• 9-digit Employer ID Number (EIN)
• NAICS code from the NAICS website
• Contact information (email and phone) for the main business contact.

Using the services of an experienced immigration attorney is highly recommended for guidance on the licence renewal application process, especially if there have been any changes to the Sponsor Licence duties or overseas worker’s details.

The employer should document the recruitment process and keep information about the hiring process such as:

• Recruitment methods used
• Start and end dates of the State Workforce Agency job posting
• Names of newspapers with job ads
• Dates of any job fairs or events
• Dates of online job postings (e.g. Indeed, Monster)
• Whether the job requires speaking more than one language
• Whether the job requires more than a high school diploma
• The employer must provide details about the employee, including their address, phone number, and work experience.

If someone other than the employer fills out the Sponsor Licence renewal application, they need to provide their name, job title, and email address.

While there is no direct Sponsor Licence renewal fee for the ETA Form 9089 Labor Certification application, employers face other costs when renewing certification.

Recruitment costs can total $1,000 or more for required newspaper ads. Additional fees apply when the employer files related visa petitions (I-140) with USCIS after Labor Certification.

Any expenses for HR personnel, translations, or other processing overhead also add up. Though there are no direct DOL fees, renewing Labor Certification has significant legal, advertising, and administrative costs for employers.

The average processing time for a Labor Certification application is 6-12 months, but this can vary.

It’s important to note that filing electronically using the Permanent Online System can increase the chances of faster processing and this useful when the employer is sponsoring multiple foreign workers.

There are several reasons the DOL may deny renewal of an employer’s Sponsor Licence:

• Not following recruitment regulations
• Not paying the required prevailing wage for the role.
• Inability to demonstrate continued need to hire a foreign worker for the position.
• Errors, inaccuracies, or omissions on the ETA Form 9089 renewal application.
• Failure to provide required supporting documentation when requested.
• Failure to retain records as required.
• Not being able to show that working conditions for similarly employed US workers will not be affected.

To prevent denial and make sure the Sponsor Licence renewal gets approved, employers should:

• Closely follow all recruitment regulations
• Obtain and verify the prevailing wage
• Maintain detailed records of compliance
• Use an experienced immigration attorney
• Carefully complete the ETA Form 9089
• Provide requested documents promptly
• Plan and budget for the process

It is important for employers to correct any previous issues of noncompliance. Failure to do so can lead to renewal denial even if the Sponsor Licence renewal application is complete. Working proactively with DOL to fix past problems demonstrates good faith efforts at compliance.