What is ETA Form 9089 and who should complete it?

Also referred to as the Application for Permanent Employment Certification, ETA Form 9089 must be completed by employers interested in hiring a foreign-born person and assisting that person in obtaining a U.S. green card. It replaces the previously used ETA Form 750.

In immigration law terms, the purpose of the ETA 9089 form is for the employer to request permanent labor certification from the U.S. Department of Labor (DOL). More literally, this means that the employer is asking the DOL to certify that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job and that hiring the foreign worker will not bring down the wages and working conditions of similarly employed U.S. workers. Only after receiving this certification can the employer take the next step and submit a visa petition to U.S. Citizenship and Immigration Services on the intending immigrant’s behalf.

The employer can either complete the ETA Form 9089 by mail or electronically, though DOL much prefers electronic filing. The application requires the employer to provide information on its recruitment efforts, and to state with specificity the experience, training, educational prerequisites, job duties, and other skills that the employee must demonstrate to perform the work.

For further instructions and to access the form, see the DOL website at www.foreignlaborcert.doleta.gov/perm.cfm.