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ETA-9089 PERM certification application form

Updated: Author: Alina Kanametova

Reference Guides 7 pages Anonymized Access on request

Form ETA-9089, Application for Permanent Employment Certification: 7 pages of the DOL form referenced in EB-2 NIW self-petitions.

EB-2 NIW

About this document

A U.S. Department of Labor Form ETA-9089 for permanent employment certification under PERM. It lays out the employer, contact, attorney or agent, foreign worker, job, wage, worksite, recruitment, posting, and labor-condition attestations, with instructions and required attachments across 7 pages. The form also notes denial for incomplete paper filings and references Appendix A, B, C, and D.

Key points

  • Requires a valid Prevailing Wage Determination case number, or a completed ETA-9141 if supervised recruitment is required.
  • Collects employer name, FEIN, NAICS code, employee count, business start year, and ownership or family relationship questions.
  • Requires a separate employer contact who is authorized in labor certification matters and different from the attorney or agent, unless the attorney is an employee.
  • Asks for the foreign worker Appendix A and whether the worker is also represented by the same attorney or agent.
  • Captures offered wage, pay period, worksite type, address, multiple worksites, and 'Various Worksites' for roving jobs.
  • Includes recruitment sections for supervised recruitment, professional or non-professional recruitment, and at least three recruitment events for professional jobs.
  • Requires posting notice details, labor-condition attestations, and a certification under penalty of perjury.
  • Lists additional issues like live-in household jobs, combination occupations, foreign language needs, SVP level, credentialing service use, payment for filing, and layoffs.

What is inside

  1. A. Employer Information
  2. B. Employer Point of Contact Information
  3. C. Attorney or Agent Information
  4. D. Foreign Worker Information
  5. E. Job Opportunity and Wage Information
  6. F. Area of Intended Employment
  7. G. Additional Job Opportunity Information
  8. H. Recruitment Information

When it helps

Serves as the core PERM labor certification application for an employer sponsoring a foreign worker for permanent employment. It documents the job opportunity, wage, recruitment, posting, and employer attestations required by the Department of Labor.

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