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.
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:
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 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.
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.