Application for Permanent Employment Certification

Forms and Documents

Document Name	Status
Form ETA-9089 Application for Permanent Employment Certification Form	Modified
1205-0451 - Meeting Notes.pdf Supplementary Document	2025-09-26
Justification for Non-substantive changes to Form ETA-9089.docx Justification for No Material/Nonsubstantive Change	2023-09-22
Supporting Statement (12.1.2025).docx Supporting Statement A	2025-12-02

IC Document Collections

IC ID	Document Title	Status
13315	Application for Permanent Employment Certification Form	Modified

ICR Details

OMB Control No: 1205-0451	ICR Reference No: 202509-1205-009
Status: Received in OIRA	Previous ICR Reference No: 202309-1205-005
Agency/Subagency: DOL/ETA	Agency Tracking No:
Title: Application for Permanent Employment Certification
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/22/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	954,186	0
Time Burden (Hours)	342,449	0
Cost Burden (Dollars)	69,330	0

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Abstract: The application form and other information requirements are necessary to the collection of information from U.S. employers wishing to sponsor foreign labor for permanent residency through the Labor Certification process. The information collected is used by the Secretary of Labor to make the necessary certification in compliance with the Immigration and Nationality Act as amended.

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Authorizing Statute(s): US Code: 8 USC 1153(b)(3) Name of Law: Immigration and Nationality Act
   US Code: 8 USC 1182(a)(5) Name of Law: Immigration and Nationality Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 29890	07/07/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 59874	12/22/2025
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Permanent Employment Certification	ETA-9089, ETA-9089, ETA-9089, ETA-9089, ETA-9089, ETA-9089	Application for Permanent Employment Certification ,   Appendix A: Foreign Worker Information ,   Appendix B: Additional Worksite Information ,   Appendix C: Supplemental Information ,   Appendix D: Special Recruitment for College and University Teachers ,   Final Determination: Permanent Employment Certification Approval

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	954,186	0	0	279,063	0	675,123
Annual Time Burden (Hours)	342,449	0	0	108,153	0	234,296
Annual Cost Burden (Dollars)	69,330	0	0	-62,820	0	132,150

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The estimated burden hours and associated costs have changed due to updated projections based on more recent programmatic experience and now implemented processing efficiencies due to technology improvements, as well as adjustments to anticipated annual application volumes. The answer provided to A.12 provides more information regarding this burden. ETA recognizes the significant increase in annual responses and burden hours. These changes are due to a number of factors, including: (1) being able to rely on actual figures for respondents and responses to the Form ETA-9089, its appendices, and related burdens, rather than making a good faith estimate that was necessary for the previous ICR, in which ETA changed its forms to create new appendices, etc.; (2) greatly increased overall filing volumes for PERM applications since the previous ICR, which has seen baseline Form ETA-9089 applications rise over 38.6% over the previous ICR, and accordingly, has led to much larger increases in overall responses (35.13% increase) for all related downstream PERM requirements; (3) lower figures than previously estimated for USCIS-related figures, due to USCIS being able to provide more accurate and complete data, for Form ETA-9089 applications filed directly with USCIS; and (4) a marginal decrease in the total cost of time of 2.87%.

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Annual Cost to Federal Government: $12,883,902

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/22/2025

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