Form ETA-9089, Explained: Understanding the PERM Application

The Form ETA-9089 is a mandatory step for many workers who apply for an employment-based Green Card. The form provides labor certification after a lengthy recruitment and verification process, where an employer proves that the foreign worker they seek to sponsor will not be taking jobs from existing U.S. workers. Filing an ETA-9089 form requires a clear strategy upfront, because the information provided must match everything the employer and worker submit throughout the rest of the Green Card process.

🧑‍⚖️ This article is informed by real-world insights from Manifest Law’s practicing immigration attorneys. It reflects not only what the law says, but also how USCIS officers are currently applying that law, and where risks are increasing. Check out our editorial policy for more info.

What is Form ETA-9089?

Form ETA-9089 is the application for permanent labor certification (PERM), the first major step employers complete in the EB-2 and EB-3 Green Card processes. PERM labor certification is administered by the U.S. Department of Labor (DOL) and it exists to protect American workers from being displaced by foreign workers.

At its core, the PERM process requires an employer to test the U.S. labor market to ensure no qualified workers are already in the country. They must obtain a prevailing wage determination to confirm what a reasonable wage is for someone doing the intended job. Then they conduct a series of regulated recruitment efforts to evaluate whether any able, willing, qualified, and available U.S. workers would apply for the role.

Only if no qualified U.S. workers are found can the employer receive certification and move forward with the rest of the Green Card process.

Who uses Form ETA-9089?

The sponsoring U.S. employer must complete and submit Form ETA-9089, in addition to handling all steps of the PERM process, to get an EB-2 or EB-3 visa. The foreign worker does not need to submit this form.

The main exception is that workers who can self-petition through an EB-2 National Interest Waiver (NIW) do not go through PERM.

Green Cards that require PERM labor certification

Green Card Category	Does It Require PERM?
EB-1	No
EB-2	Yes
EB-2 NIW	No
EB-3	Yes
EB-4	No
EB-5	No
Family-based Green Cards	No

Understanding the PERM labor certification process

In the PERM process, there are some key steps a petitioning employer will go through before they can receive an approved PERM labor certification:

• Document job duties and requirements
• Determine the prevailing wage
• Conduct recruitment and advertising
• Provide company financial information
• Maintain compliance records

⚠️ Avoid PERM delays: Even small errors or inconsistencies can lead to extended audits, denials, or potentially future filing restrictions for employers. You can avoid delays in the PERM process by working with an experienced immigration attorney. The team at Manifest Law has years of experience helping both employers going through PERM and the workers applying for Green Cards.

Document job duties and requirements

One of the most scrutinized portions of Form ETA-9089 is the description of the job opportunity itself. The job description must be precise and consistent with industry standards. It also needs to meet a legitimate business need.

The employer has to clearly outline the job duties and the required minimum education, experience, training, or special skills required for the role. DOL will check that these requirements reflect the company’s actual minimum standards for the position. If the requirements appear inflated, unduly restrictive, or customized to match the foreign worker’s resume, DOL may trigger an audit for the case.

Determine the prevailing wage

The prevailing wage represents the average amount paid to workers who are employed in the same geographic area for the same type of job as the intended role. The employer has to offer a wage that is the same or more than the prevailing wage.

Employers going through PERM will make a prevailing wage determination for the intended role by either requesting an analysis by the DOL (Form ETA-9141) or by using existing DOL wage data.

Conduct recruitment and advertising

Before filing Form ETA-9089, the employer will test the U.S. labor market through a series of regulated recruitment steps. These aren’t informal job postings. They follow specific DOL requirements that typically include placing a state workforce agency job order, running two advertisements in a Sunday newspaper or professional journal, and completing three additional recruitment steps (such as job fairs, employer websites, or professional journals).

If a qualified U.S. worker applies for the position, the PERM process will stop and the employer will not be able to sponsor the foreign worker.

If no qualified workers apply, the employer may still need to run a layoff analysis. If no U.S. worker have been laid off in similar jobs and locations as the one being sponsored for the PERM, an employer  may file Form ETA-9089 with the Department of Labor.

Provide company financial information

While detailed financial documents are not submitted directly with Form ETA-9089, the employer must be prepared to demonstrate its ability to pay the offered wage when the foreign national obtains his/her permanent residency. This becomes especially important in later stages of the process, including the Form I-140 filing. Tax returns, audited financial statements, or annual reports may be required to establish that the company can realistically support the permanent position.

Employers should ensure internal alignment between HR, legal, and finance teams before moving forward.

Maintain compliance records

Careful recordkeeping is essential when going through PERM. Even after ETA-9089 is submitted, the DOL requires employers to retain detailed documentation related to the PERM process for several years. This includes recruitment reports, copies of advertisements, resumes received, prevailing wage documentation, and business necessity justifications, if applicable. Employers must be prepared to produce these records in the event of an audit. Failure to maintain proper documentation can result in denial or penalties.

💡 Keep documents for at least five years. Employers must retain all Form ETA-9089 applications, including supporting documentation and recruitment records, for five years from the date of filing the labor certification.

How to file Form ETA-9089

Once recruitment is complete and you are ready to submit Form ETA-9089, the next step is deciding how to file. In almost all cases, employers submit the form electronically. The DOL strongly favors online filing, and it has become the standard method for PERM applications. Paper filing is rare and typically used only in limited circumstances directed by the Department of Labor.

Filing ETA-9089 online

Most employers file Form ETA-9089 electronically through the DOL’s Foreign Labor Application Gateway (FLAG). Online submission is faster, more efficient, and it reduces administrative errors. It also allows employers to receive electronic notifications regarding audits, requests for information, or final determinations.

When filing electronically, fields marked with an asterisk (*) are required. Fields marked with a section symbol (§) are conditional and only need to be completed if applicable to you. If a particular field does not apply, the system allows you to leave it blank, but you will be prompted at the end of each page to confirm that the blank fields were intentional. When the application is ultimately printed, any intentionally blank fields will automatically populate with “N/A.”

Filing ETA-9089 by mail

Paper filing of Form ETA-9089 is uncommon and you shouldn’t use it unless specifically directed by the Department of Labor.

With a paper submission, ensure you’re using the latest version of the form and complete all fields. If a field does not apply, manually enter “N/A” or “0” (zero) for numeric values. While not required, mailed applications should also include a cover page listing the employer’s full name, job title, address, phone number, and an index of all included documents.

Before mailing, check the form instructions and confirm you’re using the appropriate mailing address for your Department of Labor National Processing Center (or USCIS in certain Schedule A cases). Use a secure mailing service that offers tracking, such as USPS, FedEx, DHL, or UPS.

Documents to submit with ETA-9089 forms

While the form itself does not require attachments, employers must keep supporting evidence in case of an audit, including:

• Job description and duties, including SOC code
• Recruitment reports and advertisements
• Resumes received during recruitment
• Prevailing wage determination
• Business information, including EIN, legal name, NAICS code, and information on existing employees
• Evidence of business need for the PERM role
• Business financial records
• Employee education and experience documentation
• Layoff analysis

Next steps after ETA-9089 form approval

The next step after PERM approval is for the employer to file Form I-140, though the worker should also understand what comes next in the Green Card process.

Employers file Form I-140

Once the ETA-9089 is approved, the employer may file Form I-140, Immigrant Petition for Alien Worker. They have to do so before the expiration date listed on the certified ETA-9089. The I-140 petition asks U.S. Citizenship and Immigration Services (USCIS) to confirm the immigrant worker’s eligibility for an employment-based Green Card. It requires significant supporting documentation, including the approved PERM labor certification. USCIS processing times for the I-140 may also be months or years, depending on the situation.

Workers continue the Green Card Process

While Form I-140 is also submitted by the employer, they may require cooperation or assistance from the worker to collect all the necessary documents and information. Next, there are some steps you will need to complete:

• Wait for a current priority date. After Form I-140 is approved, you cannot actually apply for a Green Card until an immigrant visa is available to you, based on your priority date. Availability varies based on visa type, application volume, and your home country.
• Use the correct Green Card application. There are two ways to apply for a Green Card: adjustment of status and consular processing. If you’re living in the U.S. already, you can adjust status. If you’re outside the U.S., your application must go through a consulate.
• Complete a medical exam: All Green Card applicants need to meet certain medical requirements.
• Complete a Green Card interview: The interview process you go through depends on the visa category you apply through and the details of your case.

What ETA-9089 approval does not do

An approved ETA-9089 form does not grant any additional work or residency benefits. Keep the following in mind:

1. ETA-9089 doesn’t change your visa status. Forms later in the process, like Form I-140 or I-485, may allow you to extend your visa status, but labor certification does not.
2. ETA-9089 doesn’t grant work authorization. Your ability to work in the U.S. remains tied to your current visa status or work permits.
3. ETA-9089 doesn’t grant permanent residence. An approved labor certification does not grant you permanent residence status. It is simply a prerequisite step.

Recent changes to ETA-9089 and PERM

The Department of Labor released a modernized version of Form ETA-9089 in recent years as part of efforts to streamline and digitize the PERM process.

Key updates include:

• Expanded data fields for worker qualifications and employment history
• Alignment with electronic filing systems
• Additional wage and worksite detail requirements
• Updated recruitment and compliance questions
• Improved integration with government databases

These changes mean that employers need to gather more detailed information upfront, and preparation is more data-intensive. At the same time, processing efficiency is improved

Get PERM strategy support from Manifest Law

Navigating the PERM process and completing the ETA-9089 form correctly requires careful planning, detailed documentation, and a clear strategy. Even small errors can lead to delays or audits.

Working with experienced immigration counsel is the best way for employers to stay compliant and to help applicants move forward with confidence. The team at Manifest Law provides tailored guidance on PERM strategy, recruitment compliance, and Green Card pathways to help you navigate every step of the process.

👉 Request a consultation with Manifest Law’s experienced immigration lawyers now.

FAQs about ETA-9089 forms

Is ETA-9089 the same as PERM?

No. PERM is the labor certification process, while Form ETA-9089 is only the application used to request certification after completing the process.

How long does it take to process Form ETA-9089?

Processing times for PERM labor certification are between one and two years. To help you stay up-to-date, Manifest tracks current EB-2 PERM processing times and EB-3 PERM processing times.

What happens after ETA-9089 approval?

After approval of ETA-9089, the employer can file Form I-140 with USCIS to continue the Green Card process.

What happens if your Form ETA-9089 is audited?

When DOL audits a Form ETA-9089, the employer must provide comprehensive documentation proving compliance with PERM and recruitment requirements. That includes the full recruitment report, tear sheets of ads, resumes of U.S. applicants, and proof of business necessity for special requirements. Failure to respond completely and in a timely manner (usually 30 days) can lead to denial.

How much is the fee for Form ETA-9089?

There’s no government filing fee for Form ETA-9089, but employers typically pay hundreds or thousands of dollars on recruiting, legal services, and compliance.