Form ETA-9089 at a glance
What it is: Form ETA-9089 is the Application for Permanent Employment Certification of the U.S. Department of Labor.
Who signs: The employer certifies in I. Employer Labor Condition Statements: “I certify under penalty of perjury my knowledge of and compliance with the applicable Labor Condition Statements above covering the conditions of employment for the job opportunity and foreign worker covered by this application. 20 CFR 656.10(c).” Mark Yes or No.
A filled-in Form ETA-9089 example: an employer fills out Sections A and B
How to fill out Form ETA-9089, box by box
A. Employer Information
In A. Employer Information, enter the Legal Business Name (box 1), the Trade Name/Doing Business As (DBA), if applicable (box 2), Address 1 (box 3) and Address 2 (apartment/suite/floor and number) (box 4).
Enter the City, State and Postal Code (boxes 5 to 7), the Country and Province (boxes 8 and 9), and the Telephone Number and Extension (boxes 10 and 11).
Enter the Federal Employer Identification Number (FEIN from IRS) (box 12), the NAICS Code (box 13), the Number of current employees on payroll in the area of intended employment (box 14) and the Year Commenced Business (box 15). If household, enter the year issued FEIN.
Closely held corporation and familial relationship
Mark Yes or No: is the employer a closely held corporation, partnership, or sole proprietorship in which the foreign worker has an ownership interest? (box 16)
Mark Yes or No: is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and/or incorporators? (box 17)
B. Employer Point of Contact Information
B. Employer Point of Contact Information: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in Section C, except when the attorney is an employee of the employer.
Enter the Contact's Last (family) Name, First (given) Name and Middle Name(s) (box 1), the Contact's Job Title (box 4), Address 1 (box 5) and Address 2 (apartment/suite/floor and number) (box 6).
In B, enter the City, State and Postal Code (boxes 7 to 9), the Country and Province (boxes 10 and 11), and the Telephone Number, Extension and Business Email Address (boxes 12 to 14).
More rules for Form ETA-9089
Please review and read the filing instructions carefully before completing the Form ETA-9089. A copy of the instructions can be found at https://www.dol.gov/agencies/eta/foreign-labor. If you are not submitting these forms electronically, please complete ALL required fields/items containing an asterisk ( * ) and any fields/items where a response is conditional and must be completed if applicable as indicated by the section ( § ) symbol.
In accordance with Federal Regulations at 20 CFR 656.17(a)(1), incomplete applications will be denied by the Department of Labor. If submitting this form non-electronically, ALL fields/items must be completed. In fields/items for which there is no answer, enter “N/A” or “0” (zero) if the field/item is a number field. If submitting this form electronically, you may leave fields/items for which there is no answer blank, and, at the end of each page, you will be asked to confirm your desire to leave these fields/items blank. When the application is printed, all fields/items intentionally left blank will be automatically pre-populated with “N/A.”
In C. Attorney or Agent Information (If applicable), indicate the type of representation for the employer in the filing of this application: Attorney, Agent or None. Complete the remainder of this section if “Attorney” or “Agent” is marked.
If “Attorney” is marked in question C.1 or an Attorney is acting as an “Agent”, complete questions 17 to 19 of Section C.
In D. Foreign Worker Information, mark Yes or No: a completed Appendix A identifying the foreign worker being sponsored for permanent employment by the employer named in Section A of this application is attached. (box 1)
Mark Yes or No: has the employer contracted with an agent or attorney that also represents the foreign worker covered by this application? (box 2)
In E. Job Opportunity and Wage Information, enter the valid Prevailing Wage Determination (PWD) case number issued by the Department of Labor to identify the job opportunity and prevailing wage(s) covered by this application. (box 1, then box 2)
If a valid PWD has not been obtained due to the employer being required, by notice from a Certifying Officer, to currently undergo supervised recruitment in accordance with 20 CFR 656.21, indicate whether a completed Form ETA-9141 is attached to this application. (box 2, then box 3)
Enter the Offered Wage From and To, then Per (Choose only one): Hour, Week, Bi-Weekly, Month or Year (box 4).
Enter Additional conditions about the offered wage (Enter up to 500 characters) (box 5).
In F. Area of Intended Employment Information, a. Worksite Information, choose only one type of worksite location that best describes where work will be performed: Business premises, Employer's private household (includes live-in and domestic household worker), Employee's private residence (when work is performed directly out of the residence), or No one specific worksite address or physical location. (box 1)
Enter the Worksite Address, with Address 2 (apartment/suite/floor and number), City, County, State/District/Territory and Postal Code (boxes 2 to 7), then the MSA/OES Area Code and MSA Name/OES Area Title (boxes 8 and 8a).
In G. Additional Job Opportunity Information and Other Requirements, mark Yes or No: is this a permanent position offering full-time employment of generally 35 hours or more? (box 1)
Mark Yes or No: is the employer seeking permanent labor certfication for a live-in household domestic service worker? (box 2)
Will the employer accept a foreign diploma/degree equivalent to the employer's required U.S. diploma/degree identified in Section F of the PWD identified in Question E.1? Mark Yes, No or N/A. (box 3)
Mark Yes or No: is the foreign worker currently working for the employer submitting this application? (box 4)
Mark Yes or No: is the employer relying solely on the experience the foreign worker while working for the employer, including as a contract employee to qualify him/her for the job opportunity covered by this application? (box 5)
Mark Yes or No: does the job opportunity require the worker to live on the employer's premises (6)? Has the employer received payment of any kind for the submission of this application (11)?
In H. Recruitment Information, a. Supervised Recruitment, mark Yes or No: is the employer required, by notice from a Certifying Officer, to currently undergo supervised recruitment in accordance with 20 CFR 656.21? (box 1)
In b. Occupation Type - All must complete this section: Mark ONE appropriate box.
1a. This application is for a professional occupation (which includes a college or university teacher not selected using the competitive recruitment process) and the recruiting was conducted in accordance with 20 CFR 656.17(e)(1).
1b. This application is for a non-professional occupation and the recruiting was conducted in accordance with 20 CFR 656.17(e)(2).
In e. Notice of Posting - All must complete this section: Mark ALL that apply in the appropriate box(es).
1a. Bargaining Representative Notice of this filing has been provided to the bargaining representative for workers in the occupation in which the foreign worker will be employed at least 30 days before, but not more than 180 days before, the date the application was filed.
1f. The employer DID NOT post the notice of filing.
I. Employer Labor Condition Statements - All must complete this section. Applications for Professional Athletes must attest to only condition statements 1 - 7.
J. Preparer: Complete this section if the preparer of this application is a person other than the one identified in either Section B (employer point of contact) or Section C (attorney or agent) of this application.
Enter the Last (family) Name, First (given) Name and Middle Name(s) (boxes 1 to 3), the Law Firm/Business FEIN and Name (boxes 4 and 5) and the Law Firm/Business Email Address (box 6).
Sources
[1] Form ETA-9089 (OMB 1205-0451, expires 02/28/2029), Application for Permanent Employment Certification, U.S. Department of Labor (the Official source link on this page).