ETA 9089

Form ETA 9089 is the Application for Permanent Employment Certification. It is filed by an employer to begin the process of bringing a foreign national to the United States for work. The employer submits the form to the Employment and Training Administration, a division of the Department of Labor. Before submitting the ETA 9089, the employer must attempt to fill the position at a fair wage with a qualified U.S. citizen. The employer is further required to document and keep on file his supporting documentation for the ETA 9089 application. Submission of the form may be made on paper form or electronically, although the ETA strongly recommends electronic submission in order to streamline the process and reduce processing time. Once the Certifying Officer at the ETA approves the certification, it is assigned a date which is later used to prioritize the immigrant's visa application. The employer attaches the approved certification to Form I-140 which is subsequently submitted to the United States Citizenship and Immigration Services (USCIS) in order to attain a visa for the foreign worker.

Fast Facts

  • The position for which the application for permanent employment certification is submitted must be a full-time, permanent position offered at the prevailing wage as defined by the State Workforce Agency (SWA).
  • The employer is required to retain supporting documents for the ETA 9089 application for a period of 5 years from the date of filing.
  • All ETA 9089 applications filed in paper form are processed by the ETA Foreign Labor Certification National Processing Center in Atlanta, Georgia.

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