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Form ETA-9089 Final Determination - PERM Labor Certification Approval

Updated: Author: Alina Kanametova

Reference Guides 2 pages Anonymized Access on request

Sample Department of Labor ETA-9089 Final Determination page (permanent employment certification approval) - the PERM step that NIW self-petitioners skip.

EB-2 NIW Petition

About this document

A U.S. Department of Labor final determination form for PERM labor certification approval on Form ETA-9089. It records the approval basis, the certification validity limits, the priority date rule, and the requirement to file an I-140 by the expiration date. It also includes declarations for the foreign worker, attorney or agent, and employer.

Key points

  • Certifies that no sufficient, willing, and qualified U.S. workers are available for the job opportunity.
  • States that the foreign worker's permanent employment will not adversely affect U.S. workers' wages and working conditions.
  • Limits the certification to the specific job, foreign worker, and area of intended employment on the approved ETA-9089 and appendices.
  • Says the filing date may be used as a priority date by DHS and DOS, as appropriate.
  • Provides that the approval expires unless used to support Form I-140 by the stated expiration date.
  • Includes declarations by the foreign worker, attorney or agent, and employer under penalty of perjury.
  • The employer accepts responsibility for the application, appendices, and supporting documentation.

What is inside

  1. Agency approval statement
  2. Labor certification validity information
  3. Foreign worker declaration
  4. Attorney or agent declaration
  5. Employer declaration
  6. Public burden statement

When it helps

A PERM approval record that shows the labor certification result and the filing-date/expiration rules tied to later immigrant petition use. It also serves as evidence of the employer, worker, and attorney or agent declarations attached to the approved ETA-9089.

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