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Yes! You can use AI to fill out Form ETA-9089, Application for Permanent Employment Certification (With Field 14/15 Boxes)

Q: How complex is ETA-9089 to fill out?

ETA-9089 has a Form Complexity Index of 74 out of 100 (complex tier), calculated deterministically from the form structure: 189 fillable fields across 7 pages, 61 sections, 86 conditional fields, 1 tables. A base score weighs field count (36%), input difficulty by field type (26%), page count (15%), conditional logic (16%) and structure (7%), then adds modifiers for tables, instruction pages and layout density. The Instafill AI fills ETA-9089 accurately in under a minute.

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Form ETA-9089, Application for Permanent Employment Certification (With Field 14/15 Boxes), page 1

Complex · 74/100Form Complexity Index

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What this form asks for

The AI fills all of it, from your answers or your documents.

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.

Fillable fields189

Pages7

Sections61

Tables and lists1

Questions that depend on earlier answers86

Form Complexity IndexComplex, 74/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

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.

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.

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.

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.

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.

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.

And 8 more checks

Live-in Worker Conditional Question Cascade
Appendix C Requirement Trigger
Professional Recruitment Minimum Requirements
Recruitment Date Logical Order
Recruitment Window Timing
Mandatory Labor Condition Attestation
Worksite Address Completeness
Year Commenced Business Validity

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How to Fill Out ETA-9089 Online for Free in 2026

What the AI walks you through.

Navigate to Instafill.ai and upload your PDF or select Form ETA-9089 from the template library.
Use the AI assistant to accurately fill in Employer Information (Section A), including legal business name, address, FEIN, and NAICS code.
Provide details for the Employer Point of Contact (Section B) and Attorney or Agent Information (Section C), if applicable.
Enter the Foreign Worker Information (Section D), Job Opportunity and Wage Information (Section E), and details about the Area of Intended Employment (Section F).
Complete the Additional Job Opportunity Information (Section G) and the extensive Recruitment Information section (Section H), detailing all recruitment steps taken.
Review the Employer Labor Condition Statements in Section I, provide certification, and complete the Preparer section (Section J) if necessary.
Securely download, print, or e-file the completed and validated Form ETA-9089 and any required appendices.

Common Mistakes in Completing ETA-9089

The ones the AI is built to catch.

Using Trade Name Instead of Legal Business Name

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).

Confusing Employer Contact with Attorney/Agent

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.

Mishandling Blank Fields on Paper Submissions

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.

Offered Wage Inconsistent with Prevailing Wage Determination

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.

Incorrect or Non-Compliant Recruitment Dates

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.

Failure to Disclose Foreign Worker's Ownership or Familial Ties

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.

Forgetting to Attach Required Appendices

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.

Contradictory Answers Regarding Worker Experience

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.

Entering Incorrect FEIN or NAICS Code

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.

Improperly Documenting Professional Recruitment Steps

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.

Frequently Asked Questions About ETA-9089

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Yes. You pay $0 today. Cancel before Nov 19 and you are never charged. Keep it, and it is $19.99 a month for 5 fills of your ETA-9089.

Can I fill other forms too?

This plan is for your ETA-9089: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.

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From your account, in two clicks, any time. No email, no call.

How does the AI fill out ETA-9089?

You answer a few questions in plain words, or upload your resume. The AI reads what you give it and puts each answer into the right field of ETA-9089, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.

What happens to my information?

It is encrypted in transit and at rest, and it is never used to train AI.

How complex is ETA-9089 to fill out?

ETA-9089 has a Form Complexity Index of 74 out of 100, in the complex tier: 189 fillable fields across 7 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.

What is the purpose of 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.

Who needs to complete and file Form ETA-9089?

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.

What do the asterisk (*) and section (§) symbols on the form mean?

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.

What is the Prevailing Wage Determination (PWD) case number required in Section E?

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.

What information is required for the recruitment section (Section H)?

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.

What should I do if my company had a layoff recently?

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.

When do I need to attach Appendix A or Appendix B?

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.

Who should be listed as the 'Employer Point of Contact' in Section B?

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.

What are the 'Labor Condition Statements' in Section I?

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.

Can I use an AI tool to help me fill out Form ETA-9089?

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.

How can I fill out this form online using Instafill.ai?

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.

The PDF version of Form ETA-9089 I found is not fillable. What can I do?

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.

Why does the form ask about a familial relationship or ownership interest for the foreign worker?

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.

How long does it take to process Form ETA-9089?

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.

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