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What is Form ETA-9089?

Form ETA-9089 is provided by the U.S. Department of Labor (DOL) that allows an employer to seek a “permanent labor certification” on behalf of a prospective employer that does not live in the United States. On form 9089, a filer will be required to disclose varying information, including:

  • Employer’s information
  • Agent or attorney information (if applicable)
  • Prevailing wage information
  • Job opportunity information
  • Recruitment information
  • And more!

If you want to see the form for yourself and all the required questions, you can visit the Department of Labor website or click here. An employer must prove that only qualified U.S. workers can take the job to be eligible. The employer filing on behalf of the employee will need the employee’s help in providing specific information for the form, including their work experience, training, certifications received, skills, and educational attainment. Once all information has been completed on the record, filers must sign the form, which declares that all information provided is valid and truthful.

Is There a Fee? 

There is no fee for filing an ETA-9089 form, and forms can be filed by mail or electronically, although the DOL prefers that employers file online. No documents are required to be submitted with the form, but we suggest that supporting documents be on hand in case you are given an audit. An audit will require a full review of your file by the DOL

Recent Developments (April 2023)

As of April 2023, the Office of Foreign Labor Certification (OFLC) clarified question H. 10-B “Acceptable Alternate Occupation Title” for form ETA-9089. This clarification comes after recent announcements that applications were being denied where employers needed to answer question H.10-B accurately.

OFLC has reviewed applications for permanent labor certification (PERM) and determined that certain filers must accurately provide acceptable alternate job titles on question H. 10-B. Many employers have responded to the question with “See H.14 – Special Skills.” Information in section H.14 does NOT answer question H. 10-B because it does not identify acceptable alternate occupation titles. Instead, H.14 only lists special skills or combinations of educational experience that the employer will accept. Due to the insufficient information, if an employer has failed to answer questions H.10-B or H.14 accurately, their application has been denied based on being “incomplete.”

OFLC Clarification

Upon further investigation, OFLC has determined that although the denials for the incomplete filings are appropriate, there have not been consistent denials for this reason, confusing filers. Due to the inconsistency in contradictions, OFLC has announced that they will stop issuing denials for the issue of pending applications and will NOT deny for this reason applications submitted on or before May 30, 2023. OFLC expects the Foreign Labor Application Gateway System to accept the updated version of Form ETA-9089 by the effective date.

Cases Denied for Other Reasons

Cases denied for reasons other than question H.10-B will have their H.10-B denial overturned, but their denial for any other reason can and will be upheld. Employers may submit a ‘request for reconsideration’ for additional denial reasons where they properly apply. NOTE: Employers whose applications have been denied for the sole purpose of an invalid H.10-B are encouraged NOT to submit a reconsideration request since cases are automatically being overturned due to this issue.

Contact Rivera Law 

Are you planning on filing an ETA-9089 form? Contact Rivera Law today! We understand that immigration matters can often be complex. You don’t have to do it alone; we have the expertise and knowledge required to ensure that your immigration challenges are handled with ease and comfort. Call our office at (561) 651-9322 or visit our website.