What ETA-9089 Is
ETA-9089 is the electronic labor certification application filed with the Department of Labor's Office of Foreign Labor Certification. It's the first stage in most employment-based green-card cases — EB-2 (except NIW) and EB-3 all require PERM certification before Form I-140 can be filed with USCIS.
Certification confirms two things: no minimally qualified U.S. worker is available for the position at the prevailing wage, and hiring the foreign worker won't adversely affect the wages or working conditions of similarly employed U.S. workers.
PERM Process
The full PERM process typically runs 8–14 months, longer if audited.
Prevailing Wage Determination
File Form ETA-9141 with DOL to obtain the prevailing wage for the position, geography, and skill level. Turnaround is currently 4–6 months.
Recruitment Campaign
Conduct required recruitment — a Sunday newspaper ad, a state workforce agency job order, and three additional recruitment steps (for professional occupations). Recruitment must precede the ETA-9089 filing by 30–180 days.
File ETA-9089
Once recruitment is complete and no qualified U.S. workers were identified, file ETA-9089 electronically. DOL processes without an audit in 6–12 months; audits can add 6–12 more months.
File I-140 with Certified ETA-9089
PERM certification is valid for 180 days from approval. Form I-140 must be filed within that window, attaching the certified ETA-9089 as the labor-certification exhibit.
Filing Fee
There is no DOL filing fee for ETA-9089. Employers pay recruitment advertising costs (variable but often $2,000–$5,000), legal fees, and any prevailing-wage-related survey costs.
Frequently Asked Questions About ETA-9089
Filing Form ETA-9089?
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