Form ETA-9089 Explained: What Your Employer Files on FLAG for Your PERM, Section by Section

Your employer files the PERM form, but Appendix A describes you, and you sign off on it after certification. What each section holds and what to check.

Part of our guide to PERM labor certification.

Form ETA-9089, the Application for Permanent Employment Certification, is the PERM labor certification application your employer files with the Department of Labor (DOL) through its online FLAG system. It describes the employer, the job and its wage (much of it imported from the employer's prevailing wage determination), the recruitment of US workers, and the employer's sworn attestations. Appendix A, Foreign Worker Information, describes you: your education, training, skills and work experience. You do not file the ETA-9089 or sign it at submission. You sign the certified version DOL sends back.

Status line, as of November 1, 2026: the current PERM regulations, including 20 CFR 656.17, are in effect, and the form edition in use is OMB 1205-0451 (expires 02/28/2029). DOL's draft PERM labor-market-test proposal (RIN 1205-AC29) cleared White House review (OIRA) on 2026-10-23 but is unpublished: no text, no comment period. DOL's FLAG processing times page (as of 2026-10-21) shows PERM analyst review at January 2026 priority dates and an average analyst review of 303 days (the August 2026 figure).

What is Form ETA-9089?

Form ETA-9089 is the application an employer files with DOL's Office of Foreign Labor Certification to show that it tested the US labor market for a permanent job offered to a foreign worker. Once DOL certifies it, the ETA-9089 becomes the labor certification that supports the employer's Form I-140 in an EB-2 or EB-3 PERM case.

It sits in the middle of the sponsored path: prevailing wage request (Form ETA-9141), recruitment, ETA-9089, I-140, then the wait for your priority date. Our guide to getting a green card while on H-1B through PERM covers the whole process. This page decodes the form itself, in the redesigned version DOL introduced in 2023 for filing through FLAG.

Who files it, and do you sign it?

Your employer files it. DOL's Permanent Labor Certification page is direct: "The filing of applications is the responsibility of the employer, not the employee." The employer's immigration attorney usually prepares it in the employer's FLAG account and asks you for the Appendix A facts.

You sign after certification. DOL issues a Form ETA-9089 Final Determination, and its Foreign Worker Declaration says: "The foreign worker is required to review the information detailed in Appendix A of the Form ETA-9089 for accuracy and completeness." By signing, DOL's instructions say, you declare the information is "correct and true."

Form ETA-9089 section by section (as of 2026-11)

The main form has ten lettered sections, then four appendices and the Final Determination. The titles below are DOL's own.

Form ETA-9089 structure as of 2026-11 (OMB 1205-0451, expires 02/28/2029). Source: DOL's Form ETA-9089 General Instructions and OFLC forms page.

Sections E and F: your job, wage and worksite come from the prevailing wage determination

Section E holds the 14-digit PWD number (format P-100-xxxxx-xxxxxx) and the offered wage, which must be at least the prevailing wage. If the determination lists two wages (for the minimum and the alternative requirements) and both sets are used, the offered wage must meet the higher one. The job title, duties and requirements are not typed fresh: DOL says the data "will be directly imported from the Form ETA-9141," which "limits any modification" between the wage determination and filing. The real moment to check your job description is the earlier Form ETA-9141 prevailing wage request.

Section F works the same way for the worksite: extra worksites go on Appendix B and must already appear on the ETA-9141, and roving jobs are entered as "Various Worksites." Raise a worksite that does not match your real one before filing.

Section G: the questions that test whether the requirements are real

Section G checks whether the requirements are the employer's true minimums. The answers about you:

• G.3: whether a foreign degree equivalent to the US degree is accepted.
• G.4 to G.4b: whether you already work there, whether you qualify only through the alternative requirements, and if so whether the employer accepts "any suitable combination of education, experience, or training" (the Matter of Francis Kellogg question).
• G.5: whether the employer relies solely on experience you gained with it. Under 20 CFR 656.17(i)(3), it generally cannot require more experience than you had when it hired you, unless you gained it in a job that was not "substantially comparable" (same duties "more than 50% of the time") or training a US worker is no longer feasible.
• G.6 to G.12: each "Yes" needs an Appendix C explanation, covering living on premises, combined occupations, a foreign language, requirements above the O*NET SVP level, a credentialing service, payment received, and a layoff in the occupation within six months.

G.11 matters to your wallet. Under 20 CFR 656.12(b), "An employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification," including its attorney's fees. You may pay your own lawyer, but if one attorney represents both of you, the employer bears the cost.

Section H: the recruitment record

Nearly every case needs a State Workforce Agency job order and two print ads, and professional jobs need three more steps from ten listed options. Under 20 CFR 656.17(e), the mandatory steps must take place at least 30 but no more than 180 days before filing; only one additional step may fall entirely within the last 30 days. Under 20 CFR 656.10(d), the Notice of Filing is posted for 10 consecutive business days inside the same 30-to-180-day window. Our explainer on why your employer advertised your job to US applicants covers the recruitment report behind these dates.

ETA-9089 Appendix A: the part about you

Appendix A has five parts:

• A. Contact information: name, address, date of birth, class of admission at filing (H-1B for most sponsored workers; usually F-1 for someone on STEM OPT), A-number if any, country of birth and citizenship.
• B. Education: each relevant degree, most recent first, with major, institution, country and month and year awarded. A foreign degree is marked "Other" with its US equivalent.
• C. Training: relevant training, certifications and licenses, with dates.
• D. Skills: special skills the job requires and where you gained them (up to 1,500 characters).
• E. Work experience: each relevant job, most recent first, with employer, title, start and end month and year, hours per week and duties (up to 3,500 characters). DOL says this "may include, but is not limited to, paid and unpaid experience, internships, apprenticeships."

Part E also says "DO NOT include periods of unemployment," and excludes supervisors' names and former employers' phone numbers and emails. Whether a CPT or OPT internship counts toward the job's requirements is for your employer's attorney to judge, not you.

How to review your Appendix A before it is filed

1. Ask your employer's immigration attorney for the draft Form ETA-9089 and Appendix A before submission in FLAG, and which requirements came from the approved Form ETA-9141.
2. Compare Part A with your passport and your latest I-94 record from CBP: name order, date of birth, country of birth, class of admission.
3. Match each degree in Part B against your diploma and transcripts, including the award month and the stated US equivalent.
4. Check every Part E date and weekly hours against offer letters, experience letters, pay stubs or W-2s.
5. Read the Part E duties against the experience letters your attorney will gather for the Form I-140, and flag any line a former employer could not confirm.
6. Report any discrepancy to the attorney in writing before filing, because 20 CFR 656.11(b) bars modification afterward.
7. Re-read Appendix A when the Final Determination arrives, sign the Foreign Worker Declaration, and note the certification date.

What happens after the ETA-9089 is certified?

When DOL certifies the case it sends the Final Determination, which "MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS." DOL's forms page adds that USCIS accepts only the signed version OFLC sends on certification.

The 180-day clock. Under 20 CFR 656.30(b)(1), a certification expires if not filed with a Form I-140 "within 180 calendar days of the date the Department of Labor granted the certification." USCIS's Form I-140 page says: "We must receive any Form I-140 based on an approved labor certification before the 180-day validity period has elapsed." When the period ends on a weekend or legal holiday, that page accepts a petition received the next business day. The USCIS Policy Manual "definition of day" guidance (PA-2026-15, in effect since 2026-10-23) gives electronic filings no such extension and does not mention labor certifications, so do not count on extra time online. Our post on the 180-day PERM validity window covers the edge cases.

What it is tied to. Under 20 CFR 656.30(c)(2) it is valid only for that job opportunity, the named worker and the area of intended employment, and 656.11(a) bars substituting another worker.

Your priority date. The filing date becomes your priority date, and under 20 CFR 656.17(c) an e-filed application "will be considered filed when submitted." On H-1B, a labor certification application or I-140 filed at least 365 days earlier can support one-year extensions beyond the six-year limit under 8 CFR 214.2(h)(13)(iii)(D); your employer's attorney confirms whether you qualify.

A worked timeline with real dates

An illustration, not a forecast: say your employer submits the ETA-9089 in FLAG on Tuesday, 2026-01-20.

Example PERM timeline, as of 2026-11 (our arithmetic from 20 CFR 656.10, 656.17 and 656.30; the certification date is hypothetical).

FLAG's averages describe the queue, not your case. For why the wait runs this long, see how long PERM labor certification really takes, and to follow a case, check its status on FLAG.

Can mistakes on the ETA-9089 be corrected after filing?

Generally not by amendment. 20 CFR 656.11(b) reads: "Requests for modifications to an application will not be accepted for applications submitted after July 16, 2007." A material error usually means withdrawing and refiling; the new case gets a later filing date and may need fresh recruitment if the old dates fall outside the 180-day window.

After a denial, the employer can ask the Certifying Officer to reconsider or seek review by the Board of Alien Labor Certification Appeals; as of 2026-10-21, FLAG showed reconsideration requests filed in May 2026 under review. Whether an error is minor or material is a call for your employer's immigration attorney. Get your own attorney if your interests and the employer's may differ.

Is the ETA-9089 changing?

Not as of November 1, 2026. DOL's draft proposed rule "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" (RIN 1205-AC29) cleared OIRA on 2026-10-23 "Consistent with Change," per the OIRA completed-reviews list, but has not been published in the Federal Register, so no comment period is open. DOL describes it only as "improving the minimum standards for recruiting," with layoff safeguards and non-discriminatory recruitment. Today's form and 20 CFR 656.17 still govern; we track the draft in what is known about the new PERM rule.

Separately, DOL's PERM suspension of eight employers, announced 2026-10-08, remains in effect with no public written notice and no end date. It is not an H-1B suspension: according to Mayer Brown, it "does not suspend any employer from the H-1B program." If your employer is affected, ask its attorney what that means for your case.

Common mistakes

• Treating the form as the employer's business. Appendix A is about you, and you declare it accurate.
• Rounding dates or filling gaps. DOL's instructions warn that knowingly furnishing false information is a federal offense (18 U.S.C. 2, 1001, 1546, 1621).
• Paying for the labor certification. 20 CFR 656.12(b) bars the employer from receiving payment for it, including its attorney's fees.
• Checking after filing. 20 CFR 656.11(b) bars modifications, so review the draft first.
• Planning around a weekend rollover. PA-2026-15 gives online filings no extra day.
• Reading FLAG's 303-day average as your date, or treating certification as a green card. The I-140, your priority date and the Visa Bulletin still come next.

Frequently asked questions

What is Form ETA-9089?

Form ETA-9089, the Application for Permanent Employment Certification, is the PERM labor certification application your employer files with the Department of Labor through FLAG. It covers the employer, the job and wage, the recruitment and the employer's attestations, and its Appendix A describes you. The version in use as of November 2026 carries OMB number 1205-0451 and expires 02/28/2029.

Do I sign the ETA-9089 as the employee?

Not when it is filed. DOL says filing is the responsibility of the employer, not the employee. You sign later, on the Final Determination DOL issues after certification, in a Foreign Worker Declaration that requires you to review Appendix A for accuracy and completeness.

What is in Appendix A of the ETA-9089?

Appendix A, Foreign Worker Information, holds your identity details and class of admission at filing, then the education, training, special skills and work experience that qualify you, most recent first. It must be filed with the form, and under 20 CFR 656.17(a) DOL will not certify an incomplete application.

How long is a certified ETA-9089 valid?

180 calendar days from the date DOL certifies it. Under 20 CFR 656.30(b)(1) it expires if not filed in support of a Form I-140 within that window, and it is valid only for that job, that worker and that area of intended employment.

Can mistakes on the ETA-9089 be corrected after filing?

Generally not by amendment. 20 CFR 656.11(b) says DOL does not accept requests to modify applications submitted after July 16, 2007, so a material error usually means withdrawing and refiling with a later filing date. Raise any error with your employer's immigration attorney right away.

Sources

• DOL, Permanent Labor Certification
• DOL, Form ETA-9089 General Instructions (expires 02/28/2029)
• DOL, OFLC forms page
• DOL FLAG, Processing times
• 20 CFR 656.11, 656.12, 656.17 and 656.30 (Cornell LII)
• USCIS, Form I-140, Immigrant Petition for Alien Workers
• USCIS Policy Manual, Volume 1, Part B, Chapter 6
• OIRA, Reviews completed in the last 30 days
• Mayer Brown (law firm analysis), DOL announces enforcement actions in H-1B and PERM fraud probe

How we checked this: on 2026-11-01 we read DOL's Form ETA-9089 General Instructions (OMB 1205-0451, expires 02/28/2029) section by section, DOL's PERM and forms pages, FLAG processing times (as of 2026-10-21), 20 CFR 656.11, 656.12, 656.17 and 656.30, USCIS's I-140 page, the Policy Manual chapter on the definition of "day" and OIRA's completed-reviews list.

This is general information, not legal or tax advice. Your own notices and your employer's immigration attorney govern your case, and questions about F-1 or STEM OPT status during PERM belong with your DSO.

If you are on OPT, STEM OPT or H-1B and want an employer that sponsors green cards in the first place, F1Jobs can help you target roles where sponsorship is part of the conversation from the start.