What is the ETA 9089 form?
The ETA 9089 form is a critical document in the United States used in the process of obtaining permanent labor certification for foreign workers. This form is submitted to the U.S. Department of Labor (DOL) as a part of the following Employment-Based Immigration categories:
Employment-Based Immigration categories are designed to grant lawful permanent resident status (a green card) to foreign nationals who have job offers from U.S. employers.
ETA 9089 form is used for the labor certification process, which aims to demonstrate that there are no qualified U.S. workers available and willing to fill a specific job position being offered to a foreign worker. This process is intended to protect the U.S. job market and ensure that foreign workers are only hired when there’s a genuine shortage of available U.S. workers for the given position.
The ETA 9089 form requires the employer to provide detailed information about the job opportunity, including job requirements, job duties, prevailing wage information, and the recruitment efforts made to find qualified U.S. workers. The form is submitted online through the DOL’s Foreign Labor Application Gateway (FLAG) system.
Is ETA 9089 the same as PERM?
Yes, the ETA 9089 form is also commonly referred to as the PERM (Program Electronic Review Management) labor certification form. The PERM process is the method through which U.S. employers can obtain labor certification for certain employment-based immigrant visa categories, specifically the EB-2 and EB-3 categories.
The PERM process involves submitting the ETA 9089 form to the U.S. Department of Labor (DOL) as part of the application for labor certification. The ETA 9089 form (PERM) requires the employer to provide detailed information about the job opportunity, such as job requirements, job duties, prevailing wage information, and the recruitment efforts made to find qualified U.S. workers. The form is submitted electronically through the DOL’s Foreign Labor Application Gateway (FLAG) system.
So, while “ETA 9089” specifically refers to the form number, “PERM” is often used more broadly to describe the entire labor certification process for employment-based immigration in the EB-2 and EB-3 categories.
What information is required for completing the ETA Form 9089?
Here are the main types of information that the ETA 9089 form asks for:
Job Description and Requirements:
- Job Title: The specific title of the job being offered.
- Job Duties: A detailed description of the tasks and responsibilities associated with the job.
- Education and Experience Requirements: The minimum educational qualifications and work experience needed for the job.
- Skills and Special Requirements: Any specialized skills, certifications, or licenses required for the job.
Prevailing Wage Information:
- Prevailing Wage Determination: The wage level that corresponds to the job’s requirements and location, as determined by the U.S. Department of Labor. This is intended to ensure that the foreign worker is being paid at or above the prevailing wage for the position.
Recruitment Efforts:
- Recruitment Steps: A detailed account of the recruitment efforts the employer has undertaken to find qualified U.S. workers for the job. This may include advertising the job, posting it internally, and conducting interviews.
- Recruitment Results: Information about the responses received from U.S. workers, including the number of applicants, those who were interviewed, and the reasons for not hiring them.
Job Location and Work Conditions:
- Work Location: The physical location where the job will be performed.
- Travel Requirements: If the job requires travel, the extent and frequency of travel should be provided.
- Work Hours: The standard working hours or any variations in the schedule.
Employer Information:
- Employer’s Name and Contact Information: Details about the employer, including their legal name, address, and contact information.
- Employer Identification Number (EIN): The unique identifier assigned to the employer by the Internal Revenue Service (IRS).
Declaration and Attestation:
- Signature and Attestation: The employer’s declaration that the information provided is accurate and truthful, and that the recruitment efforts were conducted as specified.
It’s important to ensure that the information provided on the ETA 9089 form is accurate and consistent. Any discrepancies or inconsistencies can lead to delays or potential issues in the application process. Additionally, the form is submitted electronically through the U.S. Department of Labor’s Foreign Labor Application Gateway (FLAG) system. It’s recommended to review the official instructions and guidelines provided by the DOL when completing and submitting the form.
What documents must be submitted with Form ETA 9089?
When submitting the ETA 9089 form (PERM) as part of the labor certification process for employment-based immigration, you are generally not required to submit supporting documents along with the initial application. However, it’s important to keep in mind that you must retain all supporting documentation for a period of at least five years from the date of filing the application. These documents may be requested by the U.S. Department of Labor (DOL) in case of an audit or review.
While you don’t need to submit these documents initially, you should be prepared to provide them if requested. The supporting documents typically include:
Recruitment Documentation: If your application is audited, you will need to provide documentation that demonstrates you conducted the required recruitment efforts to find qualified U.S. workers. This might include copies of job advertisements, records of job orders placed with state workforce agencies, and documentation of any interviews conducted
Prevailing Wage Determination: If you obtained a prevailing wage determination from the National Prevailing Wage Center (NPWC), you should keep a copy of the determination.
Documentation of Beneficiary Qualifications: If your application is selected for audit, you might need to provide documentation that demonstrates the foreign worker’s qualifications, such as their education, experience, certifications, and any other relevant credentials.
Employer Financial Information: Documentation that proves the employer’s ability to pay the offered wage, such as financial statements, tax records, or other relevant financial documents.
Documentation of Job Requirements: Any documentation that supports the specific requirements of the job, such as job descriptions, industry standards, and similar materials.
Evidence of Non-Discriminatory Hiring Practices: Documentation that proves that the hiring process was conducted in a non-discriminatory manner, including records of interviews, applicant evaluations, and selection criteria.
It’s important to note that the specific documentation required can vary based on the circumstances of the application and the audit process.
How to fill out Form ETA 9089?
Filling out Form ETA 9089 (PERM) involves providing accurate and detailed information about the job opportunity being offered to a foreign worker, as well as information about the employer’s recruitment efforts to find qualified U.S. workers. Here is a general overview of the steps you would typically follow to fill out the form:
Access the Form: The ETA 9089 form is submitted electronically through the U.S. Department of Labor’s Foreign Labor Application Gateway (FLAG) system. You will need to create an account on the FLAG system if you don’t already have one.
Select Application Type: Within the FLAG system, you will choose the appropriate application type, which is usually “PERM” for labor certification.
Enter Employer Information: Provide detailed information about the employer, including legal name, address, contact information, and the Employer Identification Number (EIN) assigned by the IRS.
Job Information:
- Enter the job title and a detailed description of the job duties and responsibilities.
- Specify the education and experience requirements for the job.
- Indicate any special skills or certifications required.
Prevailing Wage Information:
- Enter the prevailing wage determination received from the National Prevailing Wage Center (NPWC).
- Provide information about the wage offered to the foreign worker.
Recruitment Efforts:
- Detail the recruitment steps you have taken to find qualified U.S. workers for the position. This may include advertising the job, posting internally, and conducting interviews.
- Document the results of your recruitment efforts, including the number of applicants, those interviewed, and the reasons for not hiring U.S. workers.
Job Location and Work Conditions:
- Specify the work location and address where the job will be performed.
- Describe any travel requirements or work conditions associated with the job.
Declaration and Attestation:
- Review the information you have entered and provide a declaration that the information is accurate and truthful.
- Electronically sign and submit the form.
Review and Submission:
- Carefully review all the information you have entered to ensure accuracy and completeness.
- Confirm that you have provided accurate information about the job and the employer’s recruitment efforts.
- Electronically submit the form through the FLAG system.
Retain Supporting Documentation: While you don’t need to submit supporting documents initially, retain all relevant documentation for a period of at least five years from the filing date. These documents may be requested if your application is audited.
How long does ETA 9089 take?
It takes about 7 months to get Form ETA 9089 approved. The current ETA 9089 processing times can be checked on the U.S. Department of Labor website.
The processing time for the ETA 9089 form (PERM) can vary significantly based on several factors, including:
- Workload of the U.S. Department of Labor (DOL)
- Accuracy and completeness of the submitted application
- Complexity of the case, and
- Any potential audit or review processes that may be triggered.
Regular Processing: In many cases, if the ETA 9089 form is filed without any issues or triggers for additional review, it might take several months for the DOL to process and approve the application. This could range from around 5 to 7 months or even longer.
Audit or Review Process: In some instances, the DOL might select an application for audit or review. This can significantly extend the processing time, as additional documentation and information might be requested to verify the accuracy of the application. The time frame for an audit can vary, but it could add several months to the overall process.
Priority Processing: Some cases might qualify for priority processing. However, priority processing is not available for all applications and depends on certain criteria being met.
It’s important to note that processing times can change due to various factors, including changes in immigration policies and procedures, fluctuations in application volumes, and external circumstances. Therefore, it’s recommended to check the official U.S. Department of Labor website for the most up-to-date processing time information.
What happens after ETA 9089 is approved?
After the ETA 9089 form (PERM) is approved by the U.S. Department of Labor (DOL), the next steps in the employment-based immigration process depend on the specific immigrant visa category (EB-2 or EB-3) and the circumstances of the foreign worker and their employer.
Here is an overview of what typically happens after the ETA 9089 form is approved:
Form I-140 Petition: The employer, on behalf of the foreign worker, submits a Form I-140, Immigrant Petition for Alien Worker, to the U.S. Citizenship and Immigration Services (USCIS). This form is used to formally request immigration benefits for the foreign worker based on the approved labor certification. The I-140 petition includes additional documentation and evidence to support the case, such as the approved ETA 9089 form, evidence of the employer’s ability to pay the offered wage, and proof that the foreign worker meets the job qualifications.
Priority Dates: For employment-based immigration, there is a limited number of visas available each year. As a result, a “priority date” is established for the I-140 petition, which is essentially the date the ETA 9089 form was initially filed with the DOL. Priority dates become important in situations where visa numbers are limited, and they determine when the foreign worker can proceed to the next step.
Visa Bulletin and Waiting: The U.S. Department of State releases a monthly Visa Bulletin that indicates the availability of immigrant visa numbers for each preference category and country of chargeability. The priority date of the I-140 petition must be earlier than the date listed in the Visa Bulletin for the foreign worker’s country and category to move forward in the process.
Adjustment of Status (Form I-485) or Consular Processing: If the foreign worker is already present in the U.S. and is eligible to adjust their status to permanent resident (green card holder), they can file a Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. If the foreign worker is outside the U.S., they will go through consular processing at a U.S. embassy or consulate.
Biometrics and Interviews: If applicable, the foreign worker and any family members included in the application will be required to undergo biometric fingerprinting and, in most cases, an interview as part of the I-485 process.
Form I-485 Approval: If the I-485 application is approved, the foreign worker and eligible family members will be granted lawful permanent resident status (green cards). This means they can live and work permanently in the U.S.
It’s important to note that the above steps are a general outline, and the specifics can vary based on individual circumstances, changes in immigration policies, and visa availability. Book a free consultation with our experienced immigration attorney who can provide you with personalized guidance throughout this process.
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