No. PERM is the labor certification process, which includes the prevailing wage determination, the recruitment steps, and the notice of filing. Form ETA-9089 is the application submitted to the Department of Labor at the end of that process to request certification.
The employer certifies the 10 labor condition statements in Section I under penalty of perjury. The foreign worker's signature comes later, on the Final Determination stage. This stage must be signed by the worker, the employer, and the employer's attorney or agent where applicable before filing the Form I-140 with USCIS.
It means the Department of Labor has determined that the recruitment was conducted properly and that no able, willing, qualified, and available US worker was found for the position.
No. Premium processing is a USCIS service, and Form ETA-9089 is adjudicated by the Department of Labor, which offers no equivalent. Premium processing may be available later for the Form I-140, depending on the classification.
Case status is visible in the employer's FLAG account, so your employer or their counsel is the direct source. Use the FLAG case status search to search.
The employer may request reconsideration by the certifying officer. As of August 2026, the Department of Labor was reviewing reconsideration requests filed in March 2026.
No. EB-1 classifications are not subject to the labor certification requirement that applies to EB-2 and EB-3 cases, so no version of this form, certified or uncertified, is filed with an EB-1A petition.
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