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ETA 9089

ETA Form 9089 is the Application for Permanent Employment Certification. In order to hire foreign workers to work permanently in the U.S. you will need to obtain a labor certification from the Department of Labor’s (DOL) Employment and Training Administration (ETA).  As of March 28, 2005 ETA Form 9089 replaced ETA Form 750. ETA Form 750 applications are no longer accepted.

In order to obtain a permanent employment certification, you must first meet the following requirements:

  • A full-time permanent job must be available to U.S. workers.
  • The qualifications for the job must match traditional requirements. In other words, job requirements cannot be changed in order to match the qualifications of the foreign worker.
  • The wage of the foreign worker must meet the current standard for that occupation.
  • You must have attempted to recruit U.S. citizen workers.

PERM Recruitment 

Before filing for a labor certification, you must actively recruit U.S. workers under the regulations for professional occupations (occupations requiring a bachelor’s degree or higher) under CFR §656.17(e)(1)  or the regulations for non-professional occupations under 20 CFR §656.17(e)(2).

You must include a recruitment report when filing ETA 9089 that includes the reasons for rejecting any U.S. applicants and the number of U.S. applicants that were rejected. U.S. applicant resumes may also be requested.

  • Complete the recruitment steps within the 6 months prior to filing ETA 9089.
  • A job order
    • Place a job order with the SWA for at least 30 days.
  • Two or more advertisements in newspapers or professional journals
  • 3 additional recruitment steps chosen from the following: job fair, employer’s website, job search website, on-campus recruiting, trade or professional organizations, private employment firms, employee referral program, campus placement offices, local and ethnic newspapers, or radio and television.

The regulations for non-professional occupations are:

  • Complete the recruitment steps within the 6 months prior to filing ETA 9089.
  • A job order
    • Place a job order with the SWA for at least 30 days
    • Two or more advertisements in newspapers or professional journals

Source: http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf

PERM Application

You are required to keep copies of all supporting documentation and applications for at least 5 years after filing.

  1. Request and obtain a prevailing wage determination (PWD) from the National Prevailing Wage Center (NPWC) or from the Online Wage Library. If requesting a PWD from the NPWC complete ETA Form 9141 and send it to the NPWC in Atlanta.
  2. Complete ETA form 9089. Describe job duties, educational requirements, training, experience and other qualifications of the job that the foreign worker meets.Mailed applications must have a physical signature. Include information from the NPWC or the Online Wage Library—the prevailing wage, the prevailing wage tracking number, the SOC code, the occupation title, the skill level, the wage source, the determination date and the expiration date.
  3. File ETA form 9089 electronically or by mail.


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