Yes! You can use AI to fill out Form ETA-9089, Application for Permanent Employment Certification

Applicants often enter an offered wage in Section E.3 that is lower than the amount specified on the Prevailing Wage Determination (PWD), or they select a pay period (e.g., 'Hour', 'Year') in Section E.4 that does not match the PWD. This happens due to manual data entry errors or misunderstanding the PWD document. Such a discrepancy will lead to an automatic denial, as the offered wage must equal or exceed the prevailing wage. To avoid this, double-check that the wage and pay period on the form exactly match the PWD; AI-powered tools like Instafill.ai can automatically cross-reference these documents to ensure consistency.

The form instructions explicitly state that when filing a non-electronic (paper) version, all fields must be completed, using 'N/A' for text fields or '0' for number fields where there is no answer. Many applicants leave these fields blank, assuming it's acceptable. This results in the application being deemed incomplete and denied. Always fill every single field on a paper form as instructed. If you have a non-fillable PDF, a tool like Instafill.ai can convert it into a smart, fillable version that can guide you on required fields.

Section B requires the contact information of an employee of the sponsoring company, which must be different from the attorney or agent listed in Section C (unless the attorney is a direct employee). A common error is to list the external immigration attorney in both Section B and Section C. This violates the form's instructions and can lead to rejection. Ensure Section B is completed with the details of an authorized employee of the employer, not the outside legal counsel.

The recruitment activities documented in Section H must occur within a specific timeframe, typically between 30 and 180 days before filing the application. Applicants frequently make mistakes by entering dates that are too old, too recent, or have incorrect start/end ranges for postings. Any date error can invalidate the recruitment effort and cause the entire application to be denied. Using a system that tracks these timelines is crucial for compliance.

Simple typos in the Federal Employer Identification Number (FEIN) in Section A.12 or the Prevailing Wage Determination (PWD) case number in Section E.1 are frequent and fatal mistakes. An incorrect number can prevent the Department of Labor from matching the case to the correct employer or wage finding, leading to denial. Carefully proofread these numbers before submission. AI form-filling tools like Instafill.ai can help prevent these errors by validating number formats and saving previously used correct information.

Several questions on the form, particularly in Section G, require a 'Yes' answer to be accompanied by a justification on an appendix (e.g., Appendix C for a foreign language requirement). Applicants often check 'Yes' but forget to prepare and attach the corresponding appendix. This omission makes the application incomplete and subject to denial. Always review every 'Yes' answer to see if it triggers the need for an attachment.

In Section H.b, the employer must classify the job as professional, non-professional, or a special category like a college teacher. This choice dictates the mandatory recruitment steps that must be followed. Choosing the wrong classification (e.g., listing a non-professional job as professional) means the documented recruitment efforts will be incorrect, leading to a certain denial. This classification should be determined carefully based on the job requirements before recruitment even begins.

The worksite address provided in Section F must precisely match the worksite address listed on the Prevailing Wage Determination. People sometimes enter the employer's headquarters address instead of the actual physical location where the foreign worker will be employed. This inconsistency can trigger an audit or denial, as the prevailing wage is geographically specific. Ensure the address, including city, state, and postal code, is identical across all related documents.

Section G.5 asks if the employer is relying on experience the foreign worker gained while working for them. The follow-up question, G.5a, asks if that experience was in a 'substantially comparable' position. Answering these questions incorrectly is a major red flag for auditors, as PERM regulations strictly limit the use of such experience. This mistake often stems from a misunderstanding of the complex 'substantially comparable' definition and can lead to a lengthy audit or denial.

If 'Attorney' is selected in Section C.1, all subsequent fields in that section, including the attorney's state bar number and the name of the highest court, become mandatory. Filers sometimes overlook these details, leaving the section incomplete. An incomplete attorney section can cause the application to be rejected. When using legal representation, ensure every field from C.2 to C.19 is filled out accurately and completely.