Form 9089 instructions-2025

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The document provides detailed instructions for completing the ETA Form 9089, which is the Application for Permanent Employment Certification required by the U.S. Department of Labor. It outlines the filing process, eligibility criteria, and necessary information regarding employer and alien details, job opportunity specifics, recruitment efforts, and compliance with immigration laws. The document emphasizes the importance of accuracy in reporting to avoid legal penalties and includes privacy statements regarding the handling of personal information.

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Click ‘Get Form’ to open the ETA Form 9089 in the editor.
Begin with Section A, where you will indicate if this application is a refiled case. If yes, provide the previous filing date and case number.
Move to Section B to specify if the application pertains to Schedule A or Sheepherder occupations. If yes, follow the instructions for direct submission.
In Section C, enter the employer's legal name and address. Ensure all contact details are accurate for verification purposes.
Proceed to Section F for Prevailing Wage Information. Secure a Prevailing Wage Determination from your State Workforce Agency before filling this section.
Complete Sections H and I by detailing job opportunity information and recruitment efforts undertaken. Be thorough in describing job duties and requirements.
Finally, review all sections for accuracy before submitting your application electronically or via mail as per your preference.

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What happens after ETA 9089 is filed?

After filing ETA Form 9089 with the U.S. Department of Labor (DOL), the DOL will process the application and adjudicate the Permanent Employment Certification (PERM). This process can take several months to over a year, with data as of July 2024 showing processing times of over a year.

How long does it take to process 9089 perm?

The date that the Form 9089 is filed will become the workers priority date (see Step 4). It takes about 12 months to receive a certified Form 9089 from the DOL. However, the DOL may issue an audit, which is a normal part of the PERM process and increases the processing time. About 25% of all PERM cases are audited.

What happens after form 9089 is filed?

The employer must submit the ETA Form 9089 no more than 180 days and no less than 30 days after completion of recruitment. Moreover, the I-140 petition and ETA Form 9089 for a Schedule A applicant cannot be filed until 30 days or more have passed since the Notice of Job Posting has been completed.

What comes after 9089?

When the PERM application is approved, the DOL issues a certified Form ETA 9089. Upon receipt of a certified Form ETA 9089, an employer must file an I-140, Immigrant Visa Petition and all supporting evidence with the USCIS within 180 days of the DOL certification date.

What is the next step in GC after I-140 approval?

I-140 approval is not a green card: It is a crucial step in the process, but you still need to complete either Adjustment of Status (I-485) in the U.S. or Consular Processing at a U.S. embassy or consulate abroad.