ETA Form 9089 Explained: The PERM Application for EB-3 Workers

Last updated: October 15, 2026

Executive Summary: What Is ETA Form 9089? ETA Form 9089 (Application for Permanent Employment Certification) is an official Department of Labor (DOL) document filed online through the FLAG portal by a U.S. employer to obtain PERM labor certification. It proves that no qualified U.S. workers are available for a position and sets the foreign worker’s official priority date for an EB-2 or EB-3 green card.

ETA Form 9089 is the Application for Permanent Employment Certification. Your U.S. employer files it online with the Department of Labor (DOL) to get PERM labor certification, the first big step of an EB-3 green card.

You do not file this form yourself. Your employer files it and pays for it. But you give information for it, you sign the final approved version, and the day DOL receives it becomes your priority date, which is your place in the green card line. So it matters to you more than most people realize.

This guide explains ETA Form 9089 from the worker’s side. You will learn:

• What the form is for, and how it differs from PERM and the I-140
• What is on the form, section by section
• What information you give and what you sign
• Why the filing date matters so much
• How long approval takes right now
• What happens after approval, including the 180-day deadline
• Common mistakes that delay EB-3 cases

ETA Form 9089 at a Glance

Full name	Application for Permanent Employment Certification
Agency	U.S. Department of Labor, Office of Foreign Labor Certification (OFLC)
Who files	The employer, usually through an immigration attorney
Where it is filed	Online, in DOL’s FLAG system. There is no paper filing.
Government filing fee	None
Who pays the costs	The employer. By law, you cannot be asked to pay.
What the worker does	Gives personal, education and work information, then signs the final approved form
Current DOL review time	About 336 days (DOL figures as of October 5, 2026)
Valid for	180 days after approval. The employer must file the I-140 in that window.
Why it matters to you	The filing date becomes your priority date

What Is ETA Form 9089 For?

The U.S. government does not let employers hire foreign workers for permanent jobs without first checking the local job market. ETA Form 9089 is how the employer asks DOL to approve, or certify, that check.

When DOL approves the form, it is officially saying two things:

1. There are not enough U.S. workers who are able, willing, qualified and available to do this job in this area.
2. Hiring you will not hurt U.S. workers. Your wages and working conditions will not lower the wages or conditions of U.S. workers in similar jobs.

To prove these points, the employer must first get a prevailing wage from DOL, then advertise the job and review any U.S. applicants. The 9089 is the form that reports all of this to DOL.

Is ETA 9089 the Same as PERM?

Not exactly, but they are closely linked. PERM is the name of the whole labor certification process. It includes the prevailing wage request, the recruitment (job ads), and DOL’s review.

ETA Form 9089 is the application form inside that process. The employer files it at the end of recruitment. So when people say “the PERM was filed,” they usually mean the 9089 was filed. For a fuller explanation of the process, see our PERM glossary page.

Is ETA 9089 the Same as the I-140?

No. They are two different forms filed with two different agencies:

• ETA Form 9089 goes to the Department of Labor. It asks DOL to approve the job for a foreign worker.
• Form I-140 goes to U.S. Citizenship and Immigration Services (USCIS). It asks USCIS to approve you as the worker for that job.

The I-140 comes second. The employer cannot file it until the 9089 is approved, and the approved 9089 must be attached to it. Learn more about why the I-140 matters for your EB-3 green card.

Is It the Same for Skilled and Unskilled Jobs?

Yes. EB-3 skilled workers and EB-3 Other Workers (jobs that need less than two years of training or experience) use the same Form 9089. The difference between the two groups comes later, in the visa bulletin, where each group has its own waiting line.

Where ETA 9089 Fits in the EB-3 Process

Here is the full EB-3 path. The 9089 is step 3.

1. Prevailing wage request. The employer files Form ETA-9141 so DOL can set the minimum wage for the job.
2. Recruitment. The employer advertises the job and checks for U.S. applicants. This is called the labor market test.
3. ETA Form 9089 is filed and reviewed. (You are here.)
4. Certification. DOL approves the form and issues a Final Determination.
5. Form I-140. The employer files the immigrant petition with USCIS.
6. Priority date wait. You wait until your priority date is current in the visa bulletin.
7. Final stage. If you are outside the U.S., you go through the National Visa Center and a consular interview. If you are in the U.S. legally, you may file Form I-485 instead.
8. Green card.

The whole EB-3 process takes around 48 months on average. Most of that time is spent waiting at steps 3 and 6. For a full walkthrough, see our guide to the EB-3 visa process.

What’s on ETA Form 9089

You will probably never fill out this form. But it helps to know what your employer is telling the government about your job, because these details follow you through the rest of the process.

The current version of the form has ten main sections:

Section	What it covers
A. Employer information	Company name, address, tax ID, number of employees, type of business
B. Employer point of contact	The person at the company who handles the case
C. Attorney or agent	The lawyer or agent preparing the case, if there is one
D. Foreign worker information	Confirms that Appendix A (your information) is attached
E. Job opportunity and wage	The wage offered, which must meet the prevailing wage. It can also list extras like bonuses or housing.
F. Area of intended employment	Where you will work, including any extra worksites
G. Other job requirements	Questions about foreign degrees, alternative requirements, and whether you already work for this employer
H. Recruitment information	The job ads, the job order with the state, and the notice posted at the workplace
I. Employer labor condition statements	Promises the employer makes to DOL
J. Preparer	Who prepared the form

The form also has four appendices:

• Appendix A: Foreign worker information. This is about you (see the next section).
• Appendix B: Additional worksites. Used if the job has more than one work location.
• Appendix C: Supplemental information. Short explanations the employer must give if it answered “Yes” to certain questions in Section G.
• Appendix D: College and university teachers. Not used for EB-3 Other Workers jobs.

What Changed with the New Form ETA 9089 in FLAG (2023-Present)?

DOL released a new version of Form 9089 in 2023 and moved filing to its newer online system, FLAG (the Foreign Labor Application Gateway). The older system, iCERT, is no longer used for PERM.

Two changes are worth knowing:

• The job details come from the prevailing wage. On the old form, the employer typed in the job duties and minimum requirements. Now the 9089 is linked to the employer’s prevailing wage determination in FLAG, and those details come from there. This reduces the chance of the two forms not matching.
• Your information moved to Appendix A. On the old form, worker details were spread across several sections. Now they are collected in one appendix.

If you read an older guide that mentions “Section J” or “Section K” for the worker’s information, it is describing the old form.

What You, the Worker, Provide and Sign

This is the part of the 9089 that involves you directly.

Information for Appendix A

Your employer or its attorney will ask you for information to fill in Appendix A. Expect to give:

• Your full legal name, exactly as it appears on your passport
• Your date and place of birth, and your citizenship
• Your current address
• Your current U.S. immigration status, if you are already in the U.S.
• Your education, training and work experience that relates to the job

They may also ask for a copy of your passport and letters from past employers that confirm your work experience. Ask early which documents they need, so you are not the reason for a delay.

You Must Qualify by the Filing Date

This is a rule many workers do not know. When USCIS reviews the I-140 later, it checks that you met the job’s requirements on the day the 9089 was filed, not on a later date (USCIS Policy Manual).

For most EB-3 Other Workers jobs, this is simple, because the job needs little or no experience. But if the job asks for some experience or training, you must already have it when the 9089 is filed. Experience you gain afterward does not count for this job.

Signing the Final Determination

After DOL approves the 9089, it issues a document called the Final Determination. This document has a section for three signatures:

• The employer, accepting responsibility for the application
• You, the worker, in the “Foreign Worker Declaration” section
• The attorney or agent, if one prepared the case

USCIS requires the employer, the worker and the preparer to sign the certified form. The employer then sends the original to USCIS with the I-140. Your attorney or employer will usually send you the page to sign, or ask you to sign it in person.

Check It Before You Sign

Before you sign, read it carefully. Check:

• The spelling of your name
• Your date of birth
• The job title and worksite
• The wage

Mistakes here can follow you to the I-140, your visa application and your interview. If something is wrong, tell the attorney before you sign. Ask for a copy for your own records.

Never sign anything you know is false. Lying on immigration forms, or letting someone else lie for you, can make you permanently unable to get a U.S. visa or green card.

How ETA Form 9089 Is Filed (and Who Pays)

Filing Is Online, Through FLAG

The employer or its attorney files the 9089 online in FLAG. There is no paper or mail option for PERM cases. When the form is submitted, FLAG records the date DOL received it.

There Is a Timing Window

The employer cannot file the 9089 right after posting the job ads. DOL rules say the recruitment must happen at least 30 days and no more than 180 days before the 9089 is filed (20 CFR 656.17). The 30 days give U.S. workers time to apply. The 180-day limit keeps the job market check recent.

There Is No Government Fee, and the Employer Pays the Costs

DOL does not charge a fee to file Form 9089. But the process still costs money: attorney fees, newspaper ads and other recruitment costs. The employer must pay all of these.

Know your rights: Under DOL rules (20 CFR 656.12), an employer may not ask you for, or accept, any payment for labor certification costs. This includes attorney fees for the PERM and the cost of job ads. The employer also cannot take this money out of your pay or ask you to pay it back later.

If anyone asks you to pay for the 9089, the PERM ads or the employer’s PERM attorney, treat it as a serious warning sign. It may be illegal, and it may be a scam.

You may choose to hire your own separate lawyer for advice. That is your own cost and your own choice. Later steps, like the visa application fees and the medical exam, are usually paid by the worker, so ask your employer in writing who covers what.

Why the Filing Date Matters: Your Priority Date

The day DOL receives your ETA Form 9089 becomes your priority date. This is your place in the EB-3 green card line.

There are more EB-3 applicants each year than there are EB-3 green cards. So the State Department publishes a monthly visa bulletin that shows which priority dates can move forward. In the October 2026 visa bulletin, the final action date for EB-3 Other Workers (for most countries) is January 1, 2022. That means people whose 9089 was filed in early 2022 are only now reaching the front of the line.

Here is a simple example:

• Your employer files your 9089 in March 2027.
• DOL approves it about a year later, in early 2028.
• Your priority date is still March 2027, the filing date, not the approval date.

This is why the filing date matters so much. A long DOL review does not push you back in line, because your place was already set when the form was filed. But an employer that delays filing also delays your place in line.

What to do: Ask your employer or attorney for your PERM case number and the date the 9089 was filed. Write them down and keep them safe. You will need them for years.

If your I-140 is later approved and stays approved for at least 180 days, you can usually keep this priority date even if you move to a new employer. Read more about changing employers after I-140 approval.

How Long Does ETA 9089 Take to Get Approved?

As of October 5, 2026, DOL’s Analyst Review takes about 336 days, or roughly 11 months, after the 9089 is filed. DOL is currently reviewing cases filed in December 2025.

A few more points:

• Audits add time. If DOL selects a case for an audit, it usually adds several months.
• There is no premium processing for the 9089. The I-140 can be sped up for an extra fee, but the 9089 cannot. Congress has discussed changing this, but nothing has passed as of October 2026.
• The 9089 is only part of PERM. With the prevailing wage and recruitment steps included, the whole PERM process takes about 16 to 20 months.

DOL updates its numbers about once a month. For the latest times and a month-by-month example timeline, see our guide to current PERM processing times.

After Approval: The Final Determination and the 180-Day Deadline

When DOL approves the 9089, it issues the Final Determination. This two-page document shows:

• The PERM case number and case status
• The employer’s name
• Your name
• The job title and job code
• The filing date (your priority date)
• The date DOL made its decision
• The expiration date
• DOL’s electronic signature

The 180-Day Deadline

An approved 9089 is valid for 180 days (20 CFR 656.30). The employer must file your I-140 with USCIS within that time and include the original certified form.

If the employer misses the deadline, the certification expires. The employer would have to start PERM again from the beginning, and you could lose the priority date from the first filing. This is one of the most costly mistakes in the EB-3 process, and it is completely avoidable. It is fair to ask your employer: “When will the I-140 be filed?”

The Approval Is Tied to You and This Job

A certified 9089 is valid only for:

• This job
• This worker (you)
• This area of employment

The employer cannot transfer it to a different worker. If you leave before the I-140 is filed, the certification cannot simply be given to someone else.

Keep a Copy

If the original Final Determination is lost, DOL will not send the employer a new one. Only USCIS or the State Department can request a duplicate from DOL, and only in limited cases. This is a good reason for the employer to keep the original safe, and for you to keep your own copy.

How to Check Your Case Status

DOL sends its decision to your employer or attorney, not to you. To follow your case:

1. Ask your employer for the PERM case number and filing date.
2. Use DOL’s FLAG case status search.
3. Compare your filing month with the current month DOL is reviewing on the FLAG processing times page.

Audits, Denials and Common Mistakes

Audits

Sometimes DOL selects a 9089 for an audit. This means DOL asks the employer for more documents, usually proof of the recruitment steps. Some audits are random. Others happen because something in the application looks unusual.

The employer has 30 days to respond. An audit is not a denial. But it usually adds several months to the process.

Denials

If DOL denies the 9089, the employer has a few options:

• Ask DOL to reconsider the decision
• Ask for a review by DOL’s appeals board
• Fix the problem and file a new PERM

Filing a new PERM usually means a new priority date, which can mean a longer wait for your green card. That is why getting the 9089 right the first time matters.

Common Mistakes That Delay EB-3 Cases

Most of these are the employer’s responsibility, but knowing them helps you ask the right questions.

• Job details that don’t match. The job title, duties or requirements on the 9089 must match the ads and the prevailing wage. Ask: “Is an experienced immigration attorney handling our case?”
• Wrong dates. Filing too early or too late in the recruitment window can lead to a denial. Ask: “When did recruitment start, and when will the 9089 be filed?”
• Name or birth date errors. Your details must match your passport exactly. Do: Send a clear copy of your passport and check the spelling of your name.
• Experience gained after filing. If the job needs experience, you must have it before the 9089 is filed. Do: Get your experience letters ready early.
• Recent layoffs. If the employer laid off workers in the same or a similar job, DOL may look more closely. Ask: “Have there been layoffs in this kind of job?”
• Missing the 180-day I-140 deadline. Ask: “When will the I-140 be filed after approval?”

You do not need to ask all these questions at once. But it is fair to ask for regular updates. This is your future, and you have a right to understand where your case stands.

ETA 9089 vs. Other EB-3 Forms

Form	What it does	Agency	Who files	When
ETA-9141	Sets the prevailing wage for the job	DOL	Employer	First
ETA-9089	Asks DOL to certify the job for a foreign worker	DOL	Employer	After recruitment
I-140	Asks USCIS to approve you for the job	USCIS	Employer	Within 180 days of 9089 approval
DS-260	Your immigrant visa application from outside the U.S.	State Department	Worker	When your priority date is near current
I-485	Your green card application from inside the U.S.	USCIS	Worker	When your priority date is current

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Frequently Asked Questions

Ready to Start Your EB-3 Journey?

ETA Form 9089 is a long and careful step, and you do not control the timing. But it all starts with one thing: a U.S. employer that is willing to sponsor you. The sooner an employer files your 9089, the sooner you have your place in line.

If you are ready to look for a sponsor, browse our EB-3 jobs list to see current openings with U.S. employers that sponsor green cards.

Sources

• U.S. Department of Labor: Form ETA-9089, Application for Permanent Employment Certification (form sections A to J and Appendices A to D; OMB 1205-0451)
• U.S. Department of Labor: Form ETA-9089 Final Determination (contents of the approval and the worker, employer and preparer declarations)
• U.S. Department of Labor: FLAG Processing Times (PERM data as of October 5, 2026)
• U.S. Department of Labor: FLAG Case Status Search
• USCIS: Policy Manual, Volume 6, Part E, Chapter 6: Permanent Labor Certification (180-day validity, signatures, priority date, duplicates)
• Code of Federal Regulations: 20 CFR 656.12, Improper commerce and payment (employer may not receive payment for labor certification)
• Code of Federal Regulations: 20 CFR 656.17, Basic labor certification process (30 to 180 day recruitment window)
• Code of Federal Regulations: 20 CFR 656.30, Validity of labor certifications (180-day validity)
• U.S. Department of State: Visa Bulletin (October 2026)
• Ogletree Deakins: Modernizing PERM Labor Certification: DOL Releases New Form ETA-9089 (2023 form changes and move to FLAG)

This article is general information, not legal advice. Immigration rules change often. For advice about your own case, speak with a licensed immigration attorney.