Yes! You can use AI to fill out Form ETA-9089, Application for Permanent Employment Certification
Form ETA-9089, Application for Permanent Employment Certification, is a U.S. Department of Labor form that is the cornerstone of the PERM (Program Electronic Review Management) process. Employers file this application to attest that they have tested the U.S. labor market and have been unable to find a willing, able, and qualified U.S. worker for a specific job opportunity offered to a foreign national. The successful certification of this form is a prerequisite for an employer to file an immigrant visa petition on behalf of the foreign worker. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
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Form specifications
| Form name: | Form ETA-9089, Application for Permanent Employment Certification |
| Number of fields: | 189 |
| Number of pages: | 7 |
| Language: | English |
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Are you looking to fill out a ETA-9089 form online quickly and accurately? Instafill.ai offers the #1 AI-powered PDF filling software of 2026, allowing you to complete your ETA-9089 form in just 37 seconds or less.
Follow these steps to fill out your ETA-9089 form online using Instafill.ai:
- 1 Navigate to Instafill.ai and upload your PDF or select Form ETA-9089 from the template library.
- 2 Use the AI assistant to accurately fill in Employer Information (Section A), including legal business name, address, FEIN, and NAICS code.
- 3 Provide details for the Employer Point of Contact (Section B) and Attorney or Agent Information (Section C), if applicable.
- 4 Enter the Foreign Worker Information (Section D), Job Opportunity and Wage Information (Section E), and details about the Area of Intended Employment (Section F).
- 5 Complete the Additional Job Opportunity Information (Section G) and the extensive Recruitment Information section (Section H), detailing all recruitment steps taken.
- 6 Review the Employer Labor Condition Statements in Section I, provide certification, and complete the Preparer section (Section J) if necessary.
- 7 Securely download, print, or e-file the completed and validated Form ETA-9089 and any required appendices.
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Frequently Asked Questions About Form ETA-9089
Form ETA-9089, the Application for Permanent Employment Certification, is used by an employer to sponsor a foreign worker for permanent employment in the United States. It is a required step in the process for many employment-based green cards, demonstrating to the Department of Labor that no qualified U.S. workers are available for the position.
The U.S. employer who wishes to hire a foreign worker for a permanent, full-time position must complete and file this form. The employer can complete it themselves or have an authorized attorney or agent assist them, as indicated in Section C.
An asterisk (*) indicates a field that is mandatory and must be completed on all applications. A section symbol (§) indicates a conditional field that must be completed only if it applies to your specific situation, often based on a previous answer.
The PWD case number is a unique identifier for a wage determination issued by the Department of Labor. Before filing Form ETA-9089, an employer must obtain this determination to confirm the offered wage meets or exceeds the prevailing wage for that job in that specific geographic area.
Section H requires detailed information about the recruitment efforts the employer undertook to find a qualified U.S. worker. This includes dates of job orders with the State Workforce Agency (SWA), newspaper advertisements, and for professional positions, at least three additional recruitment steps like using a job search website or an employee referral program.
In Section G, question 12, you must disclose if your company had a layoff in the same or a related occupation within the last 6 months. If you answer 'Yes,' you must be prepared to show that you notified and considered any potentially qualified laid-off U.S. workers for the position.
You must always attach a completed Appendix A, which contains information about the foreign worker being sponsored. Appendix B is only required if the job will be performed at additional worksites in geographic areas other than the primary one listed in Section F.
The person listed in Section B must be an employee of the employer who is authorized to act on their behalf in labor certification matters. This contact must be different from the attorney or agent listed in Section C, unless the attorney is also an employee of the company.
These are ten statements the employer must attest to under penalty of perjury. They confirm that the employer is complying with program rules, such as offering the prevailing wage, ensuring the job is open to U.S. workers, and that the job opportunity is not the result of a labor dispute.
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields, which can save significant time and reduce errors. This is especially helpful for repetitive information like employer details that appear across multiple government forms.
You can upload the Form ETA-9089 PDF to the Instafill.ai platform. The service will convert it into an interactive, fillable form, allowing you to easily type your information, save your progress, and ensure all required fields are completed.
If you have a non-fillable or 'flat' PDF, tools like Instafill.ai can make it interactive. Simply upload the document, and the service will automatically detect the fields, allowing you to type your answers directly into the form as if it were designed to be fillable.
The Department of Labor scrutinizes applications where the foreign worker has an ownership interest or familial relationship with the employer (Section A, questions 16-17). This is to ensure the job opportunity is bona fide and has been genuinely open to U.S. workers, not just created for the foreign national.
Processing times for PERM applications can vary significantly based on the Department of Labor's current caseload and whether your case is selected for an audit. It is best to check the DOL's Foreign Labor Application Gateway (FLAG) portal for the most current processing time estimates.
Compliance ETA-9089
Validation Checks by Instafill.ai
1
FEIN Format and Structure Validation
This check verifies that the Federal Employer Identification Number (FEIN) entered in Section A.12 is a valid 9-digit number. The format should be XX-XXXXXXX. This is critical for correctly identifying the employer with the IRS and other government agencies. An invalid FEIN will lead to immediate rejection of the application.
2
NAICS Code Format Validation
This validation ensures the North American Industry Classification System (NAICS) code in Section A.13 is a 6-digit number. The NAICS code classifies the employer's industry, which is essential for labor market analysis and prevailing wage determinations. An incorrect or improperly formatted code can lead to processing delays or denial.
3
Point of Contact and Attorney Information Separation
This check ensures that the information in Section B (Employer Point of Contact) is different from the attorney or agent information in Section C. The form explicitly states this is required unless the attorney is an employee of the employer. This validation prevents conflicts of interest and ensures proper representation roles are maintained, and failure to comply can result in the application being denied.
4
Conditional Attorney/Agent Section Completion
This validation checks that if 'Attorney' or 'Agent' is selected in Section C.1, all conditionally required fields (marked with §) within Section C are completed. This ensures that when legal representation is declared, all necessary details like name, address, and FEIN are provided for the Department of Labor to have a complete record. Incomplete representative information will render the application incomplete.
5
Mandatory Appendix A Confirmation
This check verifies that 'Yes' is selected for question D.1, confirming that a completed Appendix A for the foreign worker is attached. Appendix A contains critical information about the sponsored individual and is a non-negotiable component of the application. If 'No' is selected or the question is unanswered, the application is considered incomplete and will be denied.
6
Offered Wage Range Logical Consistency
This validation ensures that if a wage range is provided in Section E.3, the 'To' wage amount is greater than or equal to the 'From' wage amount. This prevents logical impossibilities in the wage offer data. An illogical range would call the legitimacy of the job offer into question and likely result in a request for clarification or denial.
7
Live-in Worker Conditional Question Cascade
This check enforces the rule that if 'Yes' is marked for the live-in domestic service worker question (G.2), then the subsequent conditional questions (G.2a, G.2b, G.2c) must be answered. These questions pertain to the worker's experience and the existence of a required employment contract. Failure to answer these follow-up questions makes it impossible to assess compliance with regulations for this specific job type.
8
Appendix C Requirement Trigger
This validation verifies that if 'Yes' is answered to any of the questions from G.6 through G.12 (e.g., live-in requirement, combination of occupations, foreign language requirement), the application indicates that a corresponding Appendix C with a justification is attached. This is crucial as these special requirements need explicit business necessity justification. Missing this justification will lead to denial.
9
Professional Recruitment Minimum Requirements
This check validates that if the application is for a professional occupation (H.b.1a is checked), at least three of the additional recruitment steps listed in Section H.d have been selected and their corresponding date ranges are filled. This is a specific regulatory requirement (20 CFR 656.17(e)(1)) to demonstrate a thorough test of the U.S. labor market. Failure to document at least three steps will result in a denial.
10
Recruitment Date Logical Order
This validation ensures that for all recruitment activities listed in Sections H.c and H.d, the 'End date' or 'To' date is on or after the 'Start date' or 'From' date. This is a basic logic check to ensure the data is coherent and accurately reflects the timeline of recruitment efforts. Incoherent dates would suggest a data entry error and could cause the application to be flagged for review or denial.
11
Recruitment Window Timing
This check verifies that recruitment activities, such as the SWA job order and advertisements (Section H.c), were conducted within the legally prescribed timeframe relative to the application filing date. For example, the notice of filing (Section H.e) must be posted not more than 180 days and not less than 30 days before filing. Incorrect timing of recruitment is a common reason for PERM denials.
12
Mandatory Labor Condition Attestation
This check ensures that the 'Yes' box for the certification in Section I.1 is checked. This is the employer's sworn statement, under penalty of perjury, that they comply with all listed labor condition statements. Answering 'No' or leaving it blank is equivalent to refusing to attest and will cause the application to be summarily denied.
13
Worksite Address Completeness
This validation ensures that if a specific worksite type is chosen in Section F.a (a, b, or c), then the corresponding address fields (F.a.2 through F.a.7) are fully completed. This is critical for determining the area of intended employment, which impacts prevailing wage and recruitment requirements. An incomplete address prevents the Department of Labor from verifying key aspects of the application.
14
Year Commenced Business Validity
This check validates that the 'Year Commenced Business' in Section A.15 is a valid four-digit year and is not a future year. It also ensures the year is logically plausible (e.g., not before the 1800s). This data point helps establish the employer as a viable, ongoing entity capable of offering permanent employment, and an invalid entry would undermine the credibility of the application.
Common Mistakes in Completing ETA-9089
Applicants often enter the company's common or 'Doing Business As' (DBA) name in the 'Legal Business Name' field (A.1) instead of the official registered name. This creates inconsistencies with tax (FEIN) and wage (PWD) documents, which can trigger an audit or denial. To avoid this, always use the exact legal entity name as registered with the IRS, and place the trade name only in the designated DBA field (A.2).
Filers frequently list their external immigration attorney in Section B (Employer Point of Contact), but the form requires this person to be an employee of the sponsoring company. Section C is the correct place for external attorney or agent information. This error can lead to the application being rejected for failing to meet the form's structural requirements. Ensure Section B is completed by an authorized employee of the sponsoring company to avoid immediate rejection.
The instructions state that for non-electronic (paper) submissions, all fields must be filled, using 'N/A' or '0' for fields with no answer. Applicants often leave fields blank, which leads to an automatic denial for incompleteness. If you have a non-fillable PDF, AI-powered tools like Instafill.ai can convert it into a fillable version and help ensure all fields are properly completed according to the instructions for paper filing.
A critical error is entering an 'Offered Wage' in Section E that is even one cent below the wage specified in the Prevailing Wage Determination (PWD) from Section E.1. This happens due to typos or misunderstanding the strict requirement. An insufficient wage offer is a direct violation of program rules and will result in a swift denial. Always double-check that the wage in E.3 equals or exceeds the PWD wage.
The recruitment steps in Section H must occur within a specific timeframe (not more than 180 days nor less than 30 days before filing). Filers often make mistakes with these dates, listing activities that fall outside this window, which invalidates the entire recruitment effort. This is a common reason for audits and denials, so it is crucial to carefully document and verify all recruitment dates to ensure they fall within the mandatory pre-filing window.
Questions A.16 and A.17 ask about ownership or familial relationships between the foreign worker and the employer. Answering 'No' incorrectly, either by oversight or to avoid scrutiny, is a serious error. Failure to disclose such a relationship can be uncovered during an audit and lead to a denial and findings of fraud or misrepresentation. Always answer these questions truthfully to maintain the integrity of the application.
The form requires filers to confirm that a required appendix is attached (e.g., D.1 for Appendix A). A common and fatal mistake is checking 'Yes' but forgetting to include the appendix, or checking 'No,' which is an automatic basis for denial. Before submitting, create a checklist to ensure that any 'Yes' answer regarding an appendix is accompanied by the actual, completed document.
Section G contains complex, conditional questions about the foreign worker's experience, especially if they are currently employed by the petitioner (G.4, G.5). Filers often create contradictions, such as stating the worker qualifies based on experience gained with the employer but failing to correctly address whether that experience was in a 'substantially comparable' position (G.5a). These inconsistencies are red flags for auditors. Using a tool like Instafill.ai can help by highlighting related fields and ensuring logical consistency across your answers.
The Federal Employer Identification Number (FEIN, A.12) and NAICS Code (A.13) are critical for employer verification. Transposing digits in the nine-digit FEIN or using an incorrect six-digit NAICS code are frequent data entry errors that cause validation failures and processing delays. To prevent this, copy the FEIN directly from IRS documents. AI-powered form fillers like Instafill.ai can help validate the format of such numbers to reduce simple data entry mistakes.
For professional occupations (H.b.1a), regulations require specific mandatory and additional recruitment steps. A common mistake is failing to conduct and document the required number of steps (e.g., only listing two additional steps in Section H.d instead of three) or providing incomplete information for a step. This failure to comply with the recruitment framework will result in denial, often after a lengthy audit. Maintain a detailed recruitment report and ensure all required steps in Section H are filled out completely.
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