USCIS Confirms New Version of Form ETA 9089 is Required for Schedule A and National Interest Waiver I-140 Petitions

August 8, 2023 | Insights

By Yenmi Tang

The United States Citizenship and Immigration Services (USCIS) has confirmed the submission requirements for the new Form 9089 Application for Permanent Employment Certification, specifically for Schedule A and National Interest Waiver I-140 petitions.

For both Schedule A and National Interest Waiver petitions, the petitioner must submit the following portions of the new Form 9089:

  1. Appendix A (Foreign Worker Information): This section contains essential details about the foreign worker seeking permanent employment certification.
  2. Appendix C (Supplemental Information): If necessary, Appendix C should be included, allowing for additional information to be provided, which can complement the data entered in Appendix A.
  3. Page 2 of the Final Determination Document: Specifically, Sections B and C are required. Section B is the Foreign Worker Declaration, where the foreign worker acknowledges the truthfulness of the information submitted in Appendix A. Section C is the Attorney or Agent Declaration, where the attorney or agent representing the foreign worker also attests to the accuracy of the material submitted in Appendix A.

For National Interest Waiver petitions, neither a job offer or employer are required. As a result, USCIS does not require an employer’s signature and Section D (Employer Declaration) does not need to be completed in such cases. However, for Schedule A I-140 petitions, both a job offer and employer are mandatory. Therefore, Section D (Employer Declaration) must be completed and signed by the employer.

The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice. For additional assistance related to Form ETA 9089, please contact an attorney in Jackson Walker’s Business Immigration & Compliance practice.

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In This Story

Yenmi Tang
Associate, Houston