ETA-9089: Application for Permanent Employment Certification
Form ETA-9089 is the official Department of Labor (DOL) document used by U.S. employers to secure a PERM labor certification. This is the critical first step in sponsoring a foreign national for an employment-based green card.
Fill Out ETA-9089 OnlineWhat Exactly is Form ETA-9089?
Form ETA-9089 is the core of the Program Electronic Review Management (PERM) process. Its primary purpose is to prove to the Department of Labor that there are no qualified, willing, and available U.S. workers for a specific permanent job opportunity. Furthermore, it certifies that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
For example, if a tech company in California wants to permanently hire a software engineer from Canada on an EB-2 visa, the company must first conduct a strict recruitment process. After testing the U.S. labor market, the employer files the ETA-9089 to formally summarize those recruitment efforts, the job requirements, and the foreign worker's qualifications.
Who Must File This Form?
This form must be filed by U.S. employers who wish to sponsor a foreign national for permanent residency under the EB-2 (Advanced Degree/Exceptional Ability) or EB-3 (Skilled Workers, Professionals, and Other Workers) preference categories.
The foreign worker cannot file this form on their own behalf. The employer acts as the petitioner and must demonstrate the ability to pay the prevailing wage determined by the DOL. There are no specific business size or income thresholds to file, but the business must be a legitimate U.S. entity with a valid Federal Employer Identification Number (FEIN).
Detailed Walkthrough of the Form
The ETA-9089 is highly detailed and requires precise alignment with your prior recruitment efforts. Here is what each major area asks for:
Employer and Attorney Information
You will provide the sponsoring company's legal name, address, FEIN, number of employees, and contact details. If an immigration attorney or agent is handling the application, their credentials and contact information go in the subsequent section.
Job Details and Minimum Requirements
This is often the most heavily scrutinized section. You must detail the job title, duties, travel requirements, and the absolute minimum education and experience required to perform the job. Common Error: Listing requirements tailored specifically to the foreign worker rather than the actual minimum needs of the role.
Recruitment Information
Here, you will log the exact dates and mediums used to advertise the job to U.S. workers. This includes Sunday newspaper ads, state workforce agency postings, and professional journals or websites. You must also input the Prevailing Wage Tracking Number obtained earlier from the DOL.
Alien Worker Information
This section documents the foreign national's educational background and work history to prove they met the minimum job requirements before being hired for the sponsored role.
Sample Form Preview
| Employer Name: | [Employer Name] | FEIN: | [FEIN] |
EMPLOYER DECLARATION:
Signature: [Employer Signature]
Date: [Date]
Deadlines and Filing Rules
Timing is everything with the PERM process. Form ETA-9089 must be filed within 180 days of the start of your recruitment period, but no earlier than 30 days after the end of your last recruitment effort (the 30-day "quiet period"). If you miss this window, your recruitment becomes invalid, and you must start the advertising process over. Always check with Department of Labor (DOL) for the current year's deadline and processing times.
What to Have Ready Before Starting
Do not begin filling out the ETA-9089 until you have gathered the following documentation:
- Your official Prevailing Wage Determination (PWD) from the National Prevailing Wage Center.
- Tearsheets and proof of publication for all required recruitment advertisements.
- The company's Federal Employer Identification Number (FEIN).
- The foreign worker's updated resume, educational transcripts, and experience verification letters.
- A detailed job description including all physical and educational requirements.
How to Fill it Out on AmendSign
- Enter your information: Input the employer details, prevailing wage data, recruitment dates, and worker qualifications into our guided interface.
- Review for accuracy: Check the generated form against your recruitment evidence to ensure all dates and duties match perfectly.
- Sign electronically: Apply secure digital signatures from the employer, preparer, and foreign worker.
- Download PDF: Export the finalized ETA-9089 to submit to the DOL or keep for your audit file.
Frequently Asked Questions (FAQ)
No. The Department of Labor does not charge a filing fee for the ETA-9089. However, there are significant costs associated with the mandatory job advertisements, and USCIS will charge filing fees later in the green card process (such as for Form I-140).
Absolutely not. Federal law strictly prohibits the foreign worker from paying any costs associated with the PERM labor certification process, including attorney fees and advertisement costs. The employer must bear 100% of these expenses.
If you file the form more than 180 days after your first recruitment effort began, the DOL will deny the application. You will be forced to conduct the entire recruitment process again, incurring new advertising costs and delaying the worker's green card timeline.
While the DOL technically accepts mailed applications, it is highly discouraged. Mailing the form significantly increases processing times and the risk of data entry errors. Filing electronically via the DOL's Foreign Labor Application Gateway (FLAG) system is the standard and preferred method.
Processing times vary greatly depending on the DOL's backlog. Historically, un-audited applications take anywhere from 6 to 12 months. If your application is selected for an audit, processing can take an additional 4 to 6 months or longer.