If you have been following the EB-3 immigration process, you have probably come across terms such as PWD, PERM, ETA-9089, and Form I-140. Among these, ETA-9089 is often the most confusing.
Many applicants mistakenly believe that ETA-9089 is a type of visa, a Green Card application, or even the result of the PERM process. In reality, it is an official form that plays a crucial role during the PERM stage and serves as the foundation for moving the case to the next step.
So, what exactly is ETA-9089, and why is it so important?
What Is ETA-9089?
ETA-9089 stands for Application for Permanent Employment Certification.
It is the official form submitted by the U.S. sponsoring employer to the U.S. Department of Labor (DOL) after completing all of the required steps in the PERM process.
The form contains important information regarding:
- The sponsoring employer
- The offered position
- The foreign worker being sponsored
- The employment terms and conditions
Simply put:
- PERM is the overall labor certification process.
- ETA-9089 is the official application form used within that process.
The two terms are closely related, but they are not the same.
At What Stage Is ETA-9089 Filed?
To better understand where ETA-9089 fits into the EB-3 process, here's the typical sequence:
- Obtain the Prevailing Wage Determination (PWD).
- Complete the required PERM recruitment process.
- Submit ETA-9089 to the U.S. Department of Labor.
- Receive the Permanent Labor Certification (if approved).
- File Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
This means ETA-9089 can only be filed after the sponsoring employer has completed all recruitment requirements under the PERM process. It is not a form that can be submitted at the beginning of the application.
What Information Does ETA-9089 Include?
Although the foreign worker does not complete this form personally, ETA-9089 contains a variety of important information, including:
- Information about the U.S. sponsoring employer
- Job position
- Work location
- The prevailing wage determined through the PWD process
- Information about the sponsored worker
- Results of the PERM recruitment process
All of this information must be accurate and consistent with the rest of the immigration case.
For this reason, ETA-9089 is typically prepared jointly by the sponsoring employer and the immigration attorney before submission.
Does the Foreign Worker Submit ETA-9089?
The answer is no.
ETA-9089 is filed by the U.S. sponsoring employer, not by the foreign worker.
However, the employer or immigration attorney may request personal information, educational background, or work experience from the applicant in order to complete the form accurately.
Providing complete and accurate information is one of the applicant's most important responsibilities during this stage.
What Happens After ETA-9089?
If ETA-9089 is approved by the U.S. Department of Labor, the sponsoring employer receives the Permanent Labor Certification.
This certification provides the legal basis for the employer to file Form I-140 with USCIS.
In many ways, ETA-9089 serves as the bridge between the PERM process and the immigration petition stage.
Does ETA-9089 Approval Mean the EB-3 Case Has Been Approved?
The answer is no.
Approval of ETA-9089 is an important milestone, but the EB-3 process still includes several additional stages, such as:
- Filing Form I-140
- Waiting for the Visa Bulletin
- Completing National Visa Center (NVC) processing or Adjustment of Status (AOS), if eligible
- Attending the immigrant visa interview
- Entering the United States and receiving a Green Card
Each stage serves a different purpose and must be completed according to U.S. immigration regulations.
Understanding ETA-9089 Helps You Better Track Your Case
Every term used throughout the EB-3 process has its own meaning.
If PWD establishes the prevailing wage and PERM represents the required recruitment process, then ETA-9089 is the official application documenting the entire process for review by the U.S. Department of Labor.
Understanding the role of ETA-9089 makes it much easier to follow your case progress and distinguish each stage of the EB-3 process without confusing one term for another.
Conclusion
Understanding what ETA-9089 is provides a much clearer picture of the EB-3 immigration process.
ETA-9089 is not a visa application or a Green Card application. Instead, it is the official form used during the PERM stage, submitted by the U.S. sponsoring employer to the U.S. Department of Labor in order to obtain Permanent Labor Certification.
Only after the labor certification is approved can the employer proceed with filing Form I-140.
If you are interested in the EB-3 program and would like to better understand each milestone of the immigration process, TGA is always ready to provide transparent, accurate information and guide you throughout your immigration journey.
