9089 usually means the Department of Labor's Form ETA 9089 when discussed in an employment-based immigration context. U.S. employers use it to request permanent labor certification for certain foreign workers.
Key Takeaways
- Form ETA 9089 is the application employers use for most PERM permanent labor certification cases.
- PERM is the labor certification process, while ETA 9089 is the form used within that process.
- The employer generally completes a prevailing wage request and required recruitment before filing.
- The Department of Labor does not charge a filing fee for a PERM ETA 9089 application, but recruitment and professional costs may apply.
- ETA 9089 certification is not a green card or an approved Form I-140 petition.
- Audits, supervised recruitment, filing errors, and FLAG account problems can extend the process.
What Is ETA 9089, and What Does 9089 Mean?
Form ETA 9089 is formally called the Application for Permanent Employment Certification. A U.S. employer submits it to the Department of Labor's Office of Foreign Labor Certification, commonly called OFLC. The application asks DOL to certify that there are not sufficient able, willing, qualified, and available U.S. workers for the offered position and that hiring the foreign worker will not adversely affect similarly employed U.S. workers.
The bare number 9089 can refer to unrelated laws, products, or technical subjects. In a green card sponsorship discussion, however, ETA 9089, ETA-9089, Form 9089, and eta9089 generally refer to this DOL labor certification form.
| Item | What It Is | Role in the Process |
|---|---|---|
| PERM | DOL's permanent labor certification process | Establishes the wage, recruitment, application, and review framework. |
| Form ETA 9089 | The permanent employment certification application | Reports the employer, job, recruitment, and foreign worker information to DOL. |
| Form I-140 | A later immigration petition filed with USCIS | Asks USCIS to classify the foreign worker in an employment-based immigrant category. |
These terms are related but not interchangeable. A certified ETA 9089 completes the DOL stage for a standard PERM case. The employer then uses the certification when pursuing the applicable I-140 petition. Approval at one stage does not guarantee approval at a later stage.
Who Can Use Form ETA-9089?
A U.S. employer typically files ETA Form 9089 to sponsor a foreign worker for a permanent, full-time job. The employer, not the sponsored worker, is responsible for the labor certification application and the recruitment process. The offered position must be a genuine job opportunity, and the employer must offer at least the applicable prevailing wage.
The minimum education, training, experience, and skill requirements should reflect the employer's actual needs. Requirements tailored to match one worker's background can create problems. Unusual or restrictive requirements may require a business necessity explanation. The employer must also consider special rules when the foreign worker has an ownership interest, a close relationship with an owner, or another connection that could raise questions about whether the job is genuinely open to U.S. applicants.
Before starting, the employer should confirm that its legal name, federal employer identification number, address, worksite information, and authorized representative details are accurate. If the sponsoring company is an LLC, its information should be consistent with its formation and compliance records. Reviewing applicable LLC filing requirements can help identify entity-level records that may need correction before an immigration filing.
Not every employment-based immigration category requires standard PERM recruitment. Schedule A occupations and national interest waiver cases follow different procedures, even though a version of ETA 9089 documentation may still appear in the immigration filing process. Employers should identify the correct category before beginning recruitment or submitting a form.
How the PERM and ETA 9089 Process Works
The ETA 9089 form comes after substantial preparation. Filing the form first and planning recruitment later does not satisfy the standard PERM process. Although the details vary by occupation and case, the usual sequence is:
- Define the job opportunity. The employer identifies the duties, worksite, minimum qualifications, schedule, and offered wage. Requirements should be consistent across the prevailing wage request, advertisements, recruitment records, and ETA 9089.
- Obtain a prevailing wage determination. The employer requests a determination from DOL using the prevailing wage process. DOL evaluates factors such as the occupation, job duties, requirements, and area of intended employment.
- Conduct required recruitment. The employer follows the recruitment steps applicable to the occupation. These may include a state workforce agency job order, newspaper advertising, notice to employees, and additional recruitment methods for professional occupations.
- Review applicants lawfully. The employer considers U.S. applicants using the stated minimum requirements. The recruitment report should document the results and lawful, job-related reasons for rejection.
- File Form ETA 9089. The employer reports the job, wage, recruitment, business, and foreign worker information to OFLC.
- Proceed after certification. If DOL certifies the application, the employer generally uses the issued certification in the later I-140 filing with USCIS.
Timing rules matter. Most required recruitment occurs no fewer than 30 days and no more than 180 days before filing. A limited rule permits one of the additional professional recruitment steps to occur within 30 days before filing. The prevailing wage determination also has a validity period. Employers should build the schedule from the current determination and DOL instructions rather than rely on a generic calendar.
How to File the Current ETA 9089 Form
DOL transitioned revised PERM applications to the Foreign Labor Application Gateway, or FLAG, in 2023. Most employers and their representatives now prepare and submit Form ETA 9089 through the official FLAG system. The former PERM Online system is not the filing system for new applications, although older pending cases may remain accessible for specified case actions.
A FLAG filing draws information from the linked prevailing wage determination and asks for detailed information about the employer, worksite, job opportunity, recruitment, and foreign worker. Filers should use the current form and instructions available through the DOL foreign labor forms page. Preview copies, watermarked forms, and obsolete versions should not be submitted.
DOL's current instructions also address non-electronic submission. Because filing methods, addresses, and technical procedures can change, check the current official instructions before mailing anything. Do not use processing-center addresses copied from an old article or a prior form edition.
After electronic submission, monitor the FLAG account, notification center, and listed email addresses. DOL may issue an audit notice, request information, send a decision, or provide other case correspondence through the system. When OFLC certifies a PERM application, it issues the electronic Final Determination associated with that case. Follow the current instructions for all required signatures before submitting the certification with Form I-140. Do not assume every signature shown on the final certification was required before the ETA 9089 application was filed.
ETA 9089 Filing Fees and Processing Times
DOL does not charge a filing fee to submit a standard PERM Form ETA 9089 application. That does not make the process cost-free. The employer may have to pay for required advertisements, recruitment activities, document preparation, and legal services. A later I-140 petition is a separate USCIS filing with its own applicable fees.
The employer should not shift prohibited PERM-related costs to the foreign worker. Payment arrangements should be reviewed carefully when the worker plans to pay any attorney or professional fees connected with the broader immigration matter. Immigration expenses also do not replace ordinary employer obligations, such as payroll and applicable quarterly tax filings for an LLC.
There is no fixed three-month approval period for ETA 9089. Processing changes with DOL's workload, the filing date, and the type of review. A case processed without an audit may move faster than an audited application. Supervised recruitment can add a separate, lengthy recruitment and review stage.
DOL publishes current information on its official FLAG processing times page. Compare the case's filing date with the dates DOL reports as being reviewed, rather than relying on an old average. Processing time also does not include every earlier step. The prevailing wage request and recruitment period take place before ETA 9089 is submitted, while the I-140 and later immigration stages occur after certification.
Audits, Supervised Recruitment, and FLAG Account Problems
DOL may audit an ETA 9089 application as part of quality control or because the filing raises a compliance issue. An audit can request advertisements, the recruitment report, resumes, applicant disposition records, proof of the notice of filing, business records, and evidence supporting special job requirements. The employer must provide the requested material by the deadline stated in the notice.
Supervised recruitment is different from a routine audit response. Under supervised recruitment, DOL directs the employer's recruitment activities and controls important parts of the process. The employer must follow DOL's instructions for advertisements, applicant materials, recruitment reporting, and responses. Departing from those instructions can threaten the application.
FLAG access can also create practical problems when a prevailing wage determination was filed through an account or network the current filer no longer controls. OFLC provides a method for requesting that an eligible prevailing wage determination be linked to the PERM application in this situation. Follow the current PERM FLAG user guide and any applicable addendum. Do not create inconsistent duplicate requests merely to work around an access problem.
If job requirements, applicant rejections, an audit, supervised recruitment, or an account issue creates uncertainty, you can post your legal need on UpCounsel's marketplace. An immigration attorney can compare the recruitment record with ETA 9089, assess compliance risks, prepare or correct the filing, and respond to DOL requests. Responses typically arrive within a day, which can help when an agency notice or recruitment schedule requires prompt action.
Form ETA-9089 Pre-Submission Checklist
A final review should compare the entire case, not just isolated fields on the form. Small inconsistencies can affect credibility or trigger questions. Use the following categories as a starting point, then apply the current DOL instructions to the specific case.
- Employer information: Confirm the legal name, trade name, federal employer identification number, address, contact details, business activity, employee information, and authorized signatory. Keep formation and ownership records available. For an LLC, the original articles of organization may help verify the entity's exact legal identity.
- Job information: Compare the title, duties, worksite, travel requirements, telecommuting terms, wage, hours, and minimum qualifications across the prevailing wage request, recruitment, and ETA 9089.
- Recruitment record: Verify the dates, publication details, advertisement text, state workforce agency order, notice of filing, professional recruitment steps, resumes, interview records, and lawful rejection reasons.
- Foreign worker information: Confirm education, training, licenses, employment dates, prior employers, job duties, and experience gained with the sponsoring employer. Make sure the evidence supports every qualification claimed.
- Procedural items: Confirm that the prevailing wage remains usable, the recruitment timing permits filing, the correct FLAG case is linked, and the current form version is being used.
- Retention and follow-up: Preserve the application and supporting documentation for five years from the filing date. Monitor all listed accounts and email addresses for DOL correspondence.
Employers generally do not upload every recruitment document with an unaudited electronic application. That does not reduce the need to create and retain a complete file. The records must already exist and be capable of supporting the attestations made on ETA 9089 if DOL later requests them.
Frequently Asked Questions
What Is ETA 9089?
ETA 9089 is DOL's Application for Permanent Employment Certification. In most cases, a U.S. employer uses it to report a permanent job opportunity, completed recruitment, and the sponsored worker's qualifications. The form belongs to the employer's labor certification case and does not itself give the worker immigration status or employment authorization.
Is There a Filing Fee for PERM ETA-9089 With DOL?
No, DOL does not charge a filing fee for a standard PERM ETA-9089 application. Employers may still incur advertising, recruitment, attorney, and document-preparation expenses. Separate government fees may also apply when the employer later files Form I-140 or when the worker reaches another stage of the immigration process.
Is 9089 the Same as PERM?
No, 9089 is not the same as PERM. PERM is the regulatory process used to obtain permanent labor certification, while Form ETA 9089 is the application submitted during that process. Calling the form a "PERM application" is common shorthand, but maintaining the distinction helps employers organize the prevailing wage, recruitment, certification, and immigration stages correctly.
Is ETA 9089 the Same as Form I-140?
No, ETA 9089 and Form I-140 are different agency filings. DOL reviews ETA 9089 for permanent labor certification, while USCIS reviews Form I-140 to determine eligibility for the requested employment-based immigrant classification. The employer commonly submits the certified labor certification with the I-140, but each agency applies its own requirements.
What Is a 9089 Certification?
A 9089 certification is DOL's approval of the permanent labor certification application. It reflects DOL's determination under the labor certification rules, not a final grant of permanent residence. The issued Final Determination must be handled and signed according to current instructions before it is used in the applicable USCIS petition.
How Long Does It Take for 9089 to Be Approved?
The time varies, and DOL does not guarantee approval by a fixed date. The filing month being reviewed, case volume, an audit, supervised recruitment, or a request for additional information can change the timeline. Employers should check DOL's current processing data and treat prevailing wage processing, recruitment, and later USCIS review as separate periods.
