Labor Certification: ETA 750 or ETA 9089?

ETA 750 is an older version of the form required to get labor certification from the department of labor - which allows a U.S. employer to sponsor and hire foreign workers.

I’ve used ETA 750 to sponsor foreign workers in the past, but now I see ETA 9089? Which do I use?

The short answer to this question is simply that Form 9089 is a later version of the form once known as ETA 750. Both forms were created by the U.S. Department of Labor as part of the process of obtaining "labor certification" for a non-U.S. citizen who wishes to apply for a U.S green card (lawful permanent residence) based on employment.

Read on for a little more background on this form, and links to more information on labor certification, PERM, and employment-based immigration laws.

What Are These ETA Forms Used For?

Like the ETA 750 that preceded it, ETA 9089 is an application form to be filled out by a U.S. employer that wishes to hire a foreign employee.

It’s not the first step in the application process. Getting a green card based on employment is a multi-step process, which includes:

  • The employer requesting what’s called a prevailing wage determination from the U.S. Department of Labor (DOL).
  • The employer advertising and recruiting for the job the immigrant has been tentatively offered and ultimately determining that no qualified U.S. workers are willing and available to take the job.
  • The employer filing for labor certification, now using form ETA 9089. The purpose of labor certification is to satisfy the U.S. government that because of the lack of qualified U.S. workers, the job can be offered to the immigrant.
  • After DOL approves the labor certification, the employer submits a visa petition to U.S. Citizenship and Immigration Services (USCIS) on Form I-140.
  • The immigrating employee waits until a visa becomes available (which may take years, due to annual limits on visa allotments).
  • The immigrant files either a green card application (if living in the U.S. and eligible to file for adjustment of status within the United States) or an immigrant visa application (if living overseas and applying through a U.S. consulate).

Getting an approved labor certification (using Form ETA 9089) is, however, one of the most challenging parts of the above-described process. See Timeline of the U.S. Labor Certification Process for more on what to expect.

ETA 750 vs. ETA 9089: What's Changed?

ETA 9089 is a new and expanded version of the old ETA 750. While the ETA 9089 contained only three pages, the new form contains ten pages. ETA 9089 is more comprehensive in its information collection and asks more details about the employee than the old form.

ETA 9089 was introduced as part of a vast overhaul of the labor certification regulations known as the permanent labor certification program (PERM). While DOL claims that the new form is an improvement over the old one, lawyers complain that the transition has been difficult, with many bugs in the online filing system.

Where Can You Find More Specific Instructions?

The department of labor provides very general instructions on completing the new form. To find more robust instructions, traps to avoid, and legal information, see the PERM section of our employment-based immigration category.

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