ETA Form 9089 Explained

Do you want to apply for a Green Card in the US, i.e., want to gain permanent residence citizenship in the US? Do you want to start working as a foreign worker in the US? If both of these conditions are fulfilled, that is when ETA Form 9089 comes into action. 

Read ahead to know more about the same.

What Is ETA Form 9089?

ETA form 9089 is the application form for permanent employment certification. This form is issued by the US Department of Labour (DOL) and replaces the previous ETA form 750. 

Filling ETA Form 9089 is one of the few steps involved in getting a green card based on your employment in the US. This form is to be filled by the employer and not the employee. 

Ahead of filling the ETA form 9089, the employer must first get the prevailing wage information, i.e., PWA, from the DOL. After the PWA is obtained, the employer has to advertise the vacant job the worker would be hired for. Further, he also has to determine that there are no qualified US capable workers that can take up the job, and therefore, he has to fill out ETA form 9089 to seek permission for hiring a non-US citizen for the job. 

After the DOL issues the form, the employer has to submit Form I-140 to the US Citizenship and Immigration Services. Once this petition is approved, the probable employee has to fill out your portion of the US green card application. 

What Information Is Needed To Complete ETA Form 9089?

The ETA Form 9089 lists out the following information that needs to be filled:

• Foreign worker’s full name (SECTION B)
• General Employer information including legal business name, doing business name, number of employees currently working, year of commenced business, Federal Employer Identification number, type of business, and others. (SECTION C)
• Employer Point of Contact Information, i.e., the employee or person hired to act on behalf of the employer in labor certification matters) (SECTION D)
• Attorney or agent information (if there is a third party that is helping the employer in filling out the form) (SECTION E)
• Prevailing wage information (should be in tuned with the PWD information) (SECTION F)
• Wage Offer information (i.e., the offered wage from and to and the period of wage, i.e., weekly, monthly, yearly, or bi-weekly) (SECTION G)
• Job opportunity information (SECTION H)

This part of the information has various sections like worksite information, additional worksite information. This is further continued to section H of the application under job opportunity information. Under it, the employer has to fill the geographical areas where the work has to be performed. 

It also includes job description (i.e., job title, job duties, full-time job or not, skills that should be possessed). 

It also covers primary job requirements like minimum education required, need of second degree or not, training and job experience required, and such questions). 

If the employer demands some alternative requirements, additional alternative requirements information has to be filled as well. 

A Business Necessity Information also has to be filled with those questions if any language proficiency is needed for the job or not. 

Recruitment information (SECTION I)

Under this, some sections need to be filled by everyone. These include the generation information (like the previous layoff conducted and if the employer took any payment for submitting application), occupation type (non-professional, professional, college or university teacher or none of the above), and supervised recruitment. 

Further, it also includes the continued recruitment information section. Under this, there is professional/non-professional recruitment information and additional recruitment steps for professional occupations (advertising of job at least three recruitment events like a job fair, employee website, on-campus recruiting, job search website, etc.) is filled. 

Another Recruitment Information continued section is for college and university teacher recruitment. Under this, special recruitment and documentation procedures and other general information are to be filled).

Foreign worker information (SECTION J)

This includes foreign worker contact information, general questions, and foreign worker employment and qualifying experience. 

The foreign worker information section is continued and includes filling foreign worker education, foreign worker work experience, foreign worker training details, and lastly, filling foreign worker skills, abilities, and proficiencies. 

Declaration of Foreign worker (SECTION K)

Under the declaration section, the foreign worker must declare that the above information in sections J And K is filled correctly. It also declares that the foreign worker accepts the job position offered in Section H of the application if the application is approved. 

It also includes a substitute attorney/agent signature that needs to be filled in case the original attorney is not available to sign. The information of the substitute attorney/agent is also required. 

Declaration of Attorney/Agent (SECTION L)

This section certifies that the attorney is hired or is an employee of the employer. It also includes filling in the basic information of the attorney again, same as filled in Section E. 

Declaration of Employer (SECTION M)

The last section to be filled by the employer is the Declaration of Employer. Here the employer has to declare and certify various conditions of employment like offering a fair wage, job opportunity is fair, it’s a full-time permanent job, and others. 

It also declares that the information filled is accurate. Also, the information of the foreign worker is read and reviewed by the employer. 

Lastly, a substitute employer signature part needs to be filled in case the original signer is not available. 

US Government Agency Use (SECTION N)

This forms Section N of the application and is to be filled by a US Government agency only that declares the validation period of this certification (if approved).

How Does An Employer File An ETA Form 9089?

An employer can file an ETA form 9089 through physical delivery of mail or electrically. The DOL, i.e., Department of Labour, prefers employers to fill them online through their official website. There is no fee required to fill ETA form 9089. 

Also, there are no supporting documents needed to be attached with the form except in an audit. The DOL can choose to examine certain documents in certain circumstances. 

What Happens After Filing?

Once the ETA Form 9089 is filed, you wait for the DOL to process the application. This takes a few months. Once the approval is received, the foreign worker can be hired as an employee by the employer as there was no US qualified applicant for the job. It also certifies that this job will not affect the salary or working conditions of US employees. 

After the approval, the employer has to submit Form I-140 to USCIS on your behalf. Thereafter, it is for the employee to get the remaining portion of the US green card application completed and submitted. 

At any stage of this process, you can also hire an attorney or agent. Such a person can help you out in dealing with the employer’s attorney. He may also help in clarifying your doubts on green card eligibility and process. 

Read More

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• How Many Citizenships Can You Have?
• How Do I Know Which USCIS Service Center?
• How Do I Know If USCIS Received My Application?
• What “Country of Residence” and How to Know Yours When on a Visa
• How to Check Dropbox Eligibility with the App

Conclusion

ETA Form 9089 is a form issued by the DOL of the US and filled by the employer. This form acts as a permission application that allows an employer to hire a non-US worker in his organization. A foreign worker can only be hired if no appropriate qualified US worker is available for the job post.

Frequently Asked Questions (FAQ)

1. What is ETA Form 9089?

ETA Form 9089 is a document used in the United States for the purpose of applying for permanent labor certification under the Department of Labor’s employment-based immigration program.

2. Who needs to fill out ETA Form 9089?

ETA Form 9089 must be filled out by U.S. employers who are seeking to hire foreign workers on a permanent basis and sponsor them for permanent residency in the United States.

3. What information is required on ETA Form 9089?

ETA Form 9089 requires information about the employer, the job opportunity, and the foreign worker being sponsored. This includes details such as the employer’s contact information, job duties and requirements, and the foreign worker’s qualifications.

4. How long does it take to process ETA Form 9089?

The processing time for ETA Form 9089 can vary. It typically takes several months for the Department of Labor to review and certify the form. Additional processing time is required by U.S. Citizenship and Immigration Services (USCIS) for the final stages of the immigration process.

5. What is the purpose of ETA Form 9089?

The purpose of ETA Form 9089 is to ensure that the employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. It is part of the labor certification process to protect the U.S. labor market.

6. Can ETA Form 9089 be submitted electronically?

Yes, ETA Form 9089 can be submitted electronically through the Department of Labor’s Foreign Labor Application Gateway (FLAG) system. This allows for a more streamlined and efficient submission process.

7. Are there any fees associated with filing ETA Form 9089?

Yes, there are fees associated with filing ETA Form 9089. The employer is responsible for paying the required fees, which may vary depending on factors such as the size of the employer and the type of job being certified.

8. What happens after ETA Form 9089 is certified?

After ETA Form 9089 is certified by the Department of Labor, the employer can proceed with the next steps of the immigration process. This typically involves submitting additional forms and documentation to USCIS to obtain the necessary visa or adjustment of status.

9. Can ETA Form 9089 be used for all employment-based immigration categories?

No, ETA Form 9089 is specific to the labor certification process for certain employment-based immigration categories, such as the EB-2 and EB-3 preference categories. Other categories may have different application forms and requirements.

10. Where can I find more information about ETA Form 9089?

For more information about ETA Form 9089 and the labor certification process, you can visit the official website of the U.S. Department of Labor or consult with an immigration attorney specializing in employment-based immigration.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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