Labor Update: DOL Clarifies Upcoming Changes to the Form ETA 9089

The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) recently held webinars to guide users on upcoming changes to the Form ETA 9089. The objective of these changes is to streamline and standardize the information that employers submit when preparing PERM applications. The DOL hopes these changes will provide greater efficiency and transparency to participants.

The ETA 9089 will now be completed via the FLAG website. Once logged into FLAG, users can use the navigation bar to prepare the ETA 9089 by selecting “New Application” under the PERM section. The new ETA 9089 is designed to correspond more closely with the data provided by employers in the Form ETA 9141, Application for Prevailing Wage Determination (PWD) as well as reflect changes made following the review of public comments.

Forms ETA-750A, Application for Alien Employment – Offer of Employment, and ETA-750B, Application for Alien Employment Certification – Statement of Qualifications of Alien are now consolidated into the new ETA 9089 and will therefore be discontinued. The new form will have preliminary questions to determine which kind of application is being completed (professional occupation, non-professional occupation, professional athlete, etc.), thus eliminating fields that are not applicable to the user. Additionally, there will be a specific question regarding whether the subject PERM has used supervised recruitment. Furthermore, users will no longer be required to enter PWD details into the ETA 9089. The new system will link the PERM application to existing PWDs in FLAG through a dropdown option. FLAG will also allow users to preview the selected PWD in a separate tab to ensure the user has linked the correct PWD. Once the PWD is confirmed, its information will auto populate in the PERM application.

Other changes to the ETA 9089 include the need to write “N/A”, “None”, or “0” where information is not applicable; a training qualifications section to include training, certifications, and/or licenses in reverse chronological order; the exclusion of the names and phone numbers of prior supervisors in the work experience section; and the need for the employer to disclose whether the worker gained qualifying experience as a contractor for the company. If the PERM application will have multiple worksites, the user must list those worksites on the PWD because they will be selected from the linked PWD and then added to Appendix B. A user may add additional worksites if they are within the same Metropolitan Statistical Area by copying then updating a prepopulated address. If the PERM application has a roving or non-specific work area, the user should select “No One Specific Worksite” and then add details in the “Other Definable Geographic Areas” section. Users will also be able to complete the Additional Job Opportunity Information and Other Requirements section, where they can enter foreign language requirements, information about whether a job exceeds the SVP, etc. Additionally, users will need to indicate how the Notice of Posting (Notice of Filing) was posted at a worksite (physical, electronic, etc.).

During the webinars the DOL also provided general system use tips: warning users to close inactive tabs to avoid risk of system timeout; saving progress on the form by selecting the “Save & Quit” button followed by the “Save as initiated” button; and notifying users that the ETA 9089 does not need to be completed sequentially after the completion of the “Preliminary Questions” section.

Once a user has completed the ETA 9089, they will have the option to review and submit. During the review, sections containing missing and/or blank information on the ETA 9089 will be grayed out. If after submission a user opts to withdraw the ETA 9089 at a later date, it cannot be resubmitted for further processing. The DOL expects the new system to become available in May 2023.