Structure and method for using high-k material as an etch stop layer in dual stress layer process

A method is provided that includes forming a high-k dielectric etch stop layer over at least a first conductivity type semiconductor device on a first portion of a substrate and at least a second conductivity type semiconductor device on a second portion of the semiconductor device. A first stress-inducing layer is deposited over the first conductivity type semiconductor device and the second conductivity type semiconductor device. The portion of the first stress-inducing layer that is formed over the second conductivity type semiconductor device is then removed with an etch that is selective to the high-k dielectric etch stop layer to provide an exposed surface of second portion of the substrates that includes at least the second conductivity type semiconductor device. A second stress-inducing layer is then formed over the second conductivity type semiconductor device.