ETA Form 9089: Complete Guide to the Application for Permanent Employment Certification
ETA Form 9089 is the application used in the PERM (Program Electronic Review Management) labor certification process. It is a required step for most EB2 and EB3 employment-based green card applications. This guide walks you through every section, highlights common mistakes, and explains the full process.
EB1A applicants do NOT need ETA-9089
If you qualify for EB1A (Extraordinary Ability), you can skip the entire PERM labor certification process — including Form ETA-9089. This saves 12-18 months and eliminates the recruitment requirement. Check your EB1A eligibility here.
What is ETA Form 9089?
ETA Form 9089, officially titled "Application for Permanent Employment Certification," is the form used by U.S. employers to apply for a labor certification from the Department of Labor (DOL). Labor certification is the process by which the DOL determines that there are no qualified U.S. workers available for the position being offered to a foreign worker, and that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
The PERM (Program Electronic Review Management) system is the electronic filing system used to submit ETA-9089 applications. "PERM" and "ETA-9089" are often used interchangeably, though technically PERM is the system and ETA-9089 is the form.
A certified (approved) ETA-9089 is a prerequisite for filing Form I-140 (Immigrant Petition for Alien Workers) in the EB2 and EB3 employment-based categories. Without a certified PERM, the employer cannot sponsor the worker for a green card through these categories.
When is ETA-9089 Required?
The PERM labor certification (ETA-9089) is required for most employment-based green card categories where the employer is sponsoring the worker. Specifically:
EB2 — Advanced Degree Professionals
Required when the employer sponsors through the standard EB2 process. However, the EB2-NIW (National Interest Waiver) category exempts applicants from PERM.
EB3 — Skilled Workers, Professionals, Other Workers
Required for all EB3 petitions. There is no waiver option in the EB3 category.
EB1 — Not Required
EB1A (Extraordinary Ability), EB1B (Outstanding Professor/Researcher), and EB1C (Multinational Manager/Executive) do not require PERM. This is one of the significant advantages of the EB1 category.
Who Files ETA-9089?
The employer files ETA-9089, not the worker (foreign national/beneficiary). This is a critical distinction:
- The employer must have a bona fide, full-time, permanent job opening
- The employer must be able to pay the offered wage (prevailing wage or higher)
- The employer must conduct recruitment to test the U.S. labor market before filing
- The employer's immigration attorney typically prepares and files the form
While the worker provides information for the form (education history, work experience, qualifications), the legal responsibility for the filing rests with the employer. The worker should review all information for accuracy before the employer submits.
Important: Workers cannot file ETA-9089 for themselves
Unlike EB1A (where you can self-petition), the PERM process requires an employer sponsor. If you don't have an employer willing to sponsor you, consider the EB1A self-petition route.
ETA-9089 Section-by-Section Instructions
ETA Form 9089 is divided into several sections. Below is a detailed walkthrough of each section with tips and things to watch out for.
Section A: Refiling Instructions
Section A applies only if you are refiling a previously submitted ETA-9089. You'll indicate whether this is a new filing or a refiling, and if refiling, you'll provide the previous case number.
Tip: You may refile if your original application was denied for non-substantive reasons (e.g., the recruitment steps were slightly out of compliance). However, you cannot materially change the job requirements in a refiling.
Section B: Employer Information
This section collects basic information about the sponsoring employer:
- B.1Legal business name (must match IRS records exactly)
- B.2Trade name / DBA (if applicable)
- B.3-B.6Address (street, city, state, zip code)
- B.7Phone number
- B.8Number of employees (total headcount)
- B.9Year commenced business
- B.10Federal Employer Identification Number (FEIN)
- B.11NAICS code (North American Industry Classification System)
Common Mistake: The business name and FEIN must match IRS records exactly. Discrepancies can trigger an audit and significantly delay processing.
Section C: Employer Contact Information
This section identifies the employer's authorized representative who will be the point of contact for DOL inquiries. This is typically an HR professional or company officer — not the immigration attorney (who is listed in Section D).
- C.1-C.3Contact name (first, middle, last)
- C.4-C.8Contact address (may differ from employer address)
- C.9-C.11Phone, extension, email address
Section D: Attorney or Agent Information
If the employer is using an immigration attorney or authorized representative, their information goes here. This includes:
- D.1-D.3Attorney/agent name
- D.4-D.8Firm name and address
- D.9-D.11Phone, extension, email
- D.12State bar number (required for attorneys)
- D.13State of highest court jurisdiction
Section E: Job Opportunity Information
This is the most critical section of the ETA-9089 form. It describes the job being offered and its requirements. Many PERM denials and audits stem from errors in this section.
E.1 — Job Title
Must be a standard, recognized job title. Avoid overly specific or unusual titles that DOL may question.
E.2 — SOC (O*NET/OES) Code
The Standard Occupational Classification code that best describes the position. This code determines the prevailing wage. Use the O*NET OnLine database to find the correct code. Choosing the wrong SOC code is one of the most common errors.
E.3-E.4 — Job Description & Duties
A detailed description of the job duties. This must align with the SOC code selected and be specific enough for DOL to evaluate. Avoid vague descriptions.
E.5-E.10 — Education & Experience Requirements
Minimum education (degree level, field of study) and experience (years, months) required for the position. These requirements must reflect the actual minimum needs of the job — not tailored to the foreign worker's specific qualifications.
E.11-E.15 — Special Requirements
Any additional skills, certifications, licenses, or language requirements. Each special requirement must be justified as a genuine business necessity.
E.16-E.18 — Wage Offered
The wage must meet or exceed the prevailing wage determined by DOL. Specify whether the wage is per year, month, bi-weekly, week, or hour. The prevailing wage determination (PWD) must be obtained before filing.
E.19 — Work Location
The specific work location where the employee will work. If the employee will work in multiple locations, additional information may be required.
Pro Tip: The "Actual Minimum Requirements" Rule
The job requirements listed on ETA-9089 must be the actual minimum requirements for the position — not inflated requirements designed to exclude U.S. workers, and not tailored to match the foreign worker's exact qualifications. DOL scrutinizes this closely. If you require a Master's degree but the foreign worker has a Master's degree, DOL may audit to ensure the requirement is genuine.
Section F: Recruitment Information
Before filing ETA-9089, the employer must conduct recruitment to test the U.S. labor market. Section F documents these recruitment efforts:
| Recruitment Step | Required? | Details |
|---|---|---|
| Job Order with SWA | Yes | 30-day job order with the State Workforce Agency |
| Newspaper Ads | Yes (2 Sundays) | Two advertisements in a newspaper of general circulation on two different Sundays |
| Internal Posting | Yes | Notice of filing posted at the job site for 10 consecutive business days |
| Additional Steps (Professional) | 3 of 10 options | For professional positions: choose 3 from job fairs, employer website, job search website, on-campus recruiting, trade/professional organizations, private employment firms, employee referral program, campus placement office, local/ethnic newspapers, radio/TV ads |
All recruitment must be completed within 180 days before filing the ETA-9089, and a 30-day "quiet period" must pass after the last recruitment step before the application can be submitted.
Section G: Alien (Beneficiary) Information
Section G collects information about the foreign worker who will benefit from the labor certification:
- G.1-G.5Name, date of birth, country of birth, country of citizenship, alien registration number (if any)
- G.6-G.10Current address in the United States
- G.11Current immigration status (H-1B, L-1, F-1, etc.)
- G.12-G.16Education history — degrees, institutions, dates, fields of study
- G.17-G.23Work experience relevant to the offered position
Common Mistake: The worker's qualifications must meet the minimum requirements listed in Section E — but should not be so perfectly matched that it appears the job was designed for the specific worker.
Section H: Declaration, Certification
Both the employer and the foreign worker must sign the form under penalty of perjury. For electronic filing through the PERM system, the employer's authorized signatory creates the account and submits the application. The signed, original form should be kept on file for DOL audit purposes for at least 5 years.
Appendix A: Education and Training
Appendix A is used when the foreign worker has additional education, training, or experience details that cannot fit in the main form. This appendix provides space for:
- Additional educational degrees beyond what Section G accommodates
- Specialized training or certifications relevant to the position
- Additional work experience that could not fit in the standard fields
Not all applicants need to complete Appendix A — only use it when the main form does not have sufficient space for the worker's full qualifications.
Common ETA-9089 Mistakes to Avoid
PERM applications are strictly scrutinized. These are the most frequent errors that lead to audits, denials, and processing delays:
Wrong SOC Code
Selecting an incorrect occupational classification code is the most common error. The SOC code determines the prevailing wage, and an incorrect code can either set the wage too high (making it unaffordable for the employer) or trigger an audit if the job duties don't match the code's description.
Tailored Job Requirements
Designing job requirements that exactly match the foreign worker's specific qualifications (e.g., requiring a very specific combination of skills that only the beneficiary has). DOL looks for this pattern and will audit or deny applications where requirements appear tailored.
Recruitment Timing Errors
All recruitment steps must be completed within the 180-day window before filing, with a mandatory 30-day quiet period after the last step. Missing these windows or having gaps in the recruitment timeline is a common reason for denial.
Inconsistent Information
Information on the ETA-9089 must be consistent with the prevailing wage determination, recruitment materials, and the foreign worker's actual qualifications. Any discrepancies can trigger an audit.
Missing or Expired Prevailing Wage Determination
A valid prevailing wage determination (PWD) from DOL must be obtained before filing. PWDs are valid for a specific period (currently 1 year from the determination date, plus 180 days validity for filing). Filing with an expired PWD will result in denial.
Employer Name / FEIN Mismatch
The employer name and Federal Employer Identification Number must match IRS records precisely. Abbreviations, misspellings, or using a DBA instead of the legal name can cause problems.
ETA-9089 Processing Timeline
The full PERM process from start to finish involves several stages. Here is a typical timeline:
| Stage | Typical Duration | Notes |
|---|---|---|
| Prevailing Wage Determination | 3-7 months | Must be obtained before recruitment begins |
| Recruitment Period | 2-3 months | Includes ads, SWA posting, internal posting, and 30-day quiet period |
| ETA-9089 Filing | 1-2 weeks | Preparing and submitting the electronic application |
| DOL Processing (No Audit) | 6-12 months | If no audit is triggered, certification can come within this window |
| DOL Audit (If Triggered) | +6-18 months | Audits add significant time; employer must respond with documentation |
| Total (Without Audit) | 12-24 months | From PWD request to certification |
Processing times vary significantly based on DOL workload, the completeness of the application, and whether an audit is triggered. As of early 2026, DOL processing times for PERM applications have ranged from 6-12 months for non-audited cases.
Skip the Wait: Consider EB1A
The PERM process adds 12-24 months before you can even file your I-140. EB1A applicants skip this entirely and can file I-140 immediately — with optional premium processing for a 15-business-day decision. Check your EB1A eligibility.
ETA-9089 Form Versions & Changes
The ETA-9089 has undergone several updates since its introduction. Key changes to be aware of:
- FLAG System Transition (2024-2025): The DOL transitioned the PERM filing system from the legacy ETA system to the new Foreign Labor Application Gateway (FLAG) system. Employers now file ETA-9089 through the FLAG portal.
- Form Structure Updates: While the core information collected remains the same, the FLAG system introduced a modernized interface and some field reorganizations. The section lettering (A through H) remains consistent.
- Electronic Filing Requirement: ETA-9089 must be filed electronically through the FLAG system. Paper filing is generally not accepted except in limited circumstances (e.g., Schedule A occupations).
Frequently Asked Questions About ETA-9089
What is ETA-9089?
ETA Form 9089 is the "Application for Permanent Employment Certification" filed by U.S. employers with the Department of Labor. It is part of the PERM labor certification process, which is required for most EB2 and EB3 employment-based green card applications. The form documents that no qualified U.S. worker is available for the position and that the offered wage meets the prevailing wage.
How long does ETA-9089 processing take?
The total PERM process typically takes 12-24 months from the initial prevailing wage determination to certification. DOL processing of the filed ETA-9089 application itself currently takes 6-12 months for non-audited cases. If an audit is triggered, add an additional 6-18 months. Processing times fluctuate based on DOL workload and staffing.
Can I file ETA-9089 online?
Yes — in fact, electronic filing is required. ETA-9089 is filed through the Department of Labor's FLAG (Foreign Labor Application Gateway) system at flag.dol.gov. The employer or their attorney creates an account and submits the application electronically. Paper filing is generally not accepted except in very limited circumstances.
What is ETA-9089 Appendix A?
Appendix A is a supplemental section of the ETA-9089 used when the foreign worker has additional education, training, or experience that cannot fit in the main form. It provides additional fields for educational degrees, specialized training, and work experience. Not all applicants need to complete Appendix A — it is only used when the standard sections don't accommodate all relevant qualifications.
What happens if ETA-9089 is denied?
If your PERM application is denied, the employer has several options: (1) request reconsideration with the Certifying Officer by filing a request for review within 30 days, (2) appeal to the Board of Alien Labor Certification Appeals (BALCA), or (3) refile a new ETA-9089 application with corrections. A denial does not permanently bar the employer from sponsoring the same worker — but the recruitment process must be repeated for a new filing.
What is the difference between ETA-9089 and ETA-9141?
ETA-9141 is the "Application for Prevailing Wage Determination" — it is the form used to request the prevailing wage for a specific occupation and work location. The prevailing wage determination must be obtained before filing ETA-9089. Think of it as a two-step process: first get the prevailing wage (ETA-9141), then file the labor certification (ETA-9089).
Can I change employers after ETA-9089 is approved?
A certified ETA-9089 is specific to the employer who filed it. If you change employers, the new employer would need to start a new PERM process. However, in certain circumstances, you may be able to "port" to a new employer after your I-140 has been approved and your I-485 adjustment of status application has been pending for 180+ days (AC21 portability).
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