美国EB3申请最重要的一个阶段是美国劳工许可证的申请，这个申请是通过一个ETA-9089的申请表完成的，ETA-9089表的样本详见：http://www.foreignlaborcert.doleta.gov/pdf/9089form.pdf

How to File

A. Who May File:
An employer who desires to apply for a labor certification, foroccupations other than sports, on behalf
of an alien must file Form ETA 9089.

B. How/Where to File
1. For all occupations other than Schedule A and Sheepherders, ETAForm 9089 must be submitted
to the Department of Labor for processing in one of two ways:
• Online. Employers can complete and submit their permanentapplications online at the
following web address: http://www.plc.doleta.gov.
• Mail. Applications can be mailed to the DOL ApplicationProcessing Center serving the state
where the job will be located. Addresses and a downloadable formand instructions can be
found at the following web address: http://workforcesecurity.doleta.gov/foreign/.
2. Applications for Sheepherders and Schedule A occupations aregranted or denied by the United
States Citizenship and Immigration Service (USCIS). Allapplications for Sheepherders and
Schedule A labor certifications must be mailed to the USCIS servicecenter serving the state
where the job will be located. Addresses can be found at: http://www.uscis.gov
3. All application information (a copy of certified Form ETA 9089,recruitment information, re-filing
information (if applicable), etc…) must be retained by the employeror their attorney/agent for five
years from the date of filing the Application for PermanentEmployment Certification.

Section A
Refiling Instructions
Employers that filed applications under the previous regulations(Form ETA 750) may, if the employer has
not yet commenced the recruitment process by having a StateWorkforce Agency file a job order, refile
applications under the current regulations (ETA Form 9089) withoutloss of the previous filing date by the
following process:
The application must be for the identical job opportunity filedunder the previous regulations, and the
employer must comply with all of the filing and recruitingrequirements of the current regulation.
The employer must withdraw the case involving the identical jobopportunity under the previous
regulations and refile under the current regulations. Withdrawalinstructions can be found at
http://workforcesecurity.doleta.gov/foreign/
1. If this application was previously submitted under the formerpermanent application process (Form ETA-
750), select Yes to keep your original priority date. Otherwise,select No.
1-A. Enter the date you filed the application under the formerpermanent application process (Form ETA
750). Enter the date in mm/dd/yyyy format.

1-B. Enter the case number assigned by the SWA or local officeto the application you submitted under the
former permanent application process (Form ETA 750).
Instructions for ETA Form 9089 Page 3 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section B
Schedule A or Sheepherder Information
1. Select Yes or No. If Yes, do not send the application to theDepartment of Labor. All applications in
support of Schedule A or Sheepherder Occupations must be sentdirectly to the appropriate
Department of Homeland Security (DHS) office. Consult the DHSwebsite (http://uscis.gov) orthe
blue pages in your local phone directory for the address of the DHSoffice that serves the area where
the alien will work.

Section C
Employer Information (Headquarters or Main Office)
1. Enter the full legal name of the business, firm, ororganization, or, if an individual, enter the name
used on legal documents.
2. Enter the address of the employer’s principal place of business.This should be the address of the
headquarters or main office.
3. Enter the city, state or province, country and postal code ofthe principal place of business.
4. Enter the phone number, country or area code first, andextension (if applicable) of the employer.
5. Enter the total number of employees currently employed by theemployer.
6. Enter the year the employer commenced business or incorporated.If the employer is a private
household employing a household domestic worker, this question maybe skipped.
7. Enter the employer’s nine-digit Federal Employer IdentificationNumber (EIN), which is assigned by
the Internal Revenue Service.
8. Enter the North American Industry Classification System (NAICS)code. This is a six-digit number. If
you do not know the NAICS code, you can search for the correct codeat
http://www.naics.com/search.htm.
9. Select Yes or No. Closely Held Corporations are corporationsthat have relatively few shareholders
and whose shares are not generally traded in the securitiesmarket.

Section D
Employer Contact Information
This information must be different than the agent or attorneyinformation entered in Section E. The person
listed in this section may be contacted for authentication of theapplication.
1. Enter the full legal name of the employer’s point ofcontact.
2. Enter the business address of the employer’s point of contact.P.O. Boxes are not acceptable.
3. Enter the city, state or province, country, and postal code ofthe employer’s point of contact.
4. Enter the phone number, country or area code first, andextension (if applicable) of the employer’s
point of contact.
5. Enter the full business e-mail address of the employer’s pointof contact.
Instructions for ETA Form 9089 Page 4 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section E
Agent or Attorney Information
This information must be different than the employer contactinformation entered in Section D.
1. Enter the full legal name of the agent or attorney designated toact on behalf of the employer for this
application.
2. Enter the name of the company or law firm that employs the agentor attorney.
3. Enter the nine-digit Federal Employer Identification Number(EIN) assigned to the agent or attorney’s
company or law firm by the IRS.
4. Enter the phone number, country or area code first, and theextension (if applicable) of the agent or
attorney.
5. Enter the complete mailing address of the agent orattorney.
6. Enter the city, state or province, country and postal code ofthe agent or attorney.
7. Enter the full business e-mail address of the agent orattorney.

Section F
Prevailing Wage Information
Before you can complete this section of the form, you must secure aPrevailing Wage Determination (PWD)
from the State Workforce Agency (SWA) responsible for the state inwhich the work will be performed. A
listing of SWAs and their contact information can be found at:http://workforcesecurity.doleta.gov/map.asp
1. Enter the prevailing wage tracking number assigned by the SWA.This field is optional as not all
states assign a code.
2. Enter the Standard Occupational Classification (SOC) code (orO*NET/OES extension) specific to the
occupation listed in the prevailing wage determination request.Further information concerning SOC
codes can be found at: http://ows.doleta.gov/foreign/
3. Enter the occupational title associated with the SOC/O*NET(OES)code as determined by the SWA.
4. Enter the skill level of the job subject to this application asdetermined by the SWA.
5. Enter the prevailing wage rate for the job as assigned by theSWA in the PWD. Select whether the
offered wage is in terms of hour, week, bi-weekly, month, oryear.
6. Identify the source of the prevailing wage from among thefollowing: Occupational Employment
Statistics (OES), Collective Bargaining Agreement (CBA), EmployerConducted Survey, Davis-Bacon
Act (DBA), McNamara-O’Hara Service Contract Act (SCA), orOther.
6-A. If Other is identified for question 6, enter the name of theprevailing wage source as determined by
the SWA.
7. Enter the date the prevailing wage was issued by the appropriateSWA. Enter the date in mm/dd/yyyy
format.
8. Enter the expiration date of the validity period of the PWDreceived from the appropriate SWA. Enter
the date in mm/dd/yyyy format.
Instructions for ETA Form 9089 Page 5 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section G
Wage Offer Information
1. Enter the wage rate to be paid to the employee. If the wageoffer is expressed as a range, enter the
bottom of the wage range to be paid in the From section and enterthe top of the wage range to be
paid in the optional To section.
Identify whether the wage rate to be paid is in terms of per hour,week, bi-weekly, month, or year (you
may only select one).

Section H
Job Opportunity Information
1. Enter the full address of the primary site or location where thework will actually be performed.
2. Enter the city, state, and postal code of the primary site orlocation where the work will actually be
performed.
3. Enter the common name or payroll title of the job beingoffered.
4. Select the minimum level of education required to adequatelyperform the duties of the job being offered.
4-A. If Other was selected for question 4, identify the educationrequired. Examples are MD and JD.
4-B. Enter the major field of study required in reference toQuestion 4. Skip this question if the answer to
question 4 is None or High School.
5. Select Yes or No to identify whether or not training is requiredfor the job. Do not duplicate the time
requirements. For example, time required in training should notalso be listed in education or experience.
Do not include restrictive requirements that are not actualbusiness necessities for performance of the job
and that would limit consideration of other qualified U.S.workers.
5-A. If the answer to question 5 is Yes, enter the number of monthsof training that is required.
5-B. If the answer to question 5 is Yes, enter the field oftraining that is required for the job offered.
6. Select Yes or No to identify whether experience in the joboffered is a requirement.
6-A. If the answer to question 6 is Yes, enter the number of monthsexperience that are required for the job.
7. Select Yes or No to indicate if an alternate field of study isacceptable. This field of study is alternate to
the major field of study indicated in question 4-B.
7-A. If the answer to question 7 is Yes, enter the alternate fieldof study that is acceptable for the job offered.
8. Select Yes or No to indicate if there is an alternatecombination of education and experience in the job
offered that will be accepted in lieu of the minimum educationrequirement identified in question 4 of this
section. For example, if the requirement is bachelors + 2 yearsexperience but the employer will accept a
masters + 1 year experience, an alternate combination of educationand experience exists.
8-A. If the answer to question 8 is Yes, select the alternate levelof education that is acceptable in
combination with the number of months of experience specified inquestion 8-C.
8-B. If the answer to question 8-A is Other, enter the alternatelevel of education that is acceptable.
8-C. If the answer to question 8 is Yes, enter the number of monthsof experience in the job offered that is
acceptable in combination with the level of education specified inquestion 8-A.
Instructions for ETA Form 9089 Page 6 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section H Continued
9. Select Yes or No to indicate if a foreign educational equivalentis acceptable.
10. Select Yes or No to indicate if experience in an alternateoccupation is acceptable.
10-A. If the answer to question 10 is Yes, enter the number ofmonths of experience in the alternate
occupation that is required for the job offered.
10-B. If the answer to question 10 is Yes, enter the alternateoccupation that is acceptable for the job offered.
11. Describe the job duties. Detail what would be performed by anyworker filling the job. Specify equipment
used and pertinent working conditions.
12. Select Yes or No to indicate if the job opportunity’srequirements as specified in questions H-4 to H-11
are normal for the occupation being offered. If the answer to thisquestion is No, the employer must be
prepared to provide documentation demonstrating that the jobrequirements are supported by business
necessity.
13. Select Yes or No to indicate if knowledge of a foreign languageis required to perform the job duties. If the
answer to this question is Yes, the employer must be prepared toprovide documentation demonstrating
that the language requirements are supported by businessnecessity.
14. Enter the job related requirements. Examples are shorthand andtyping speeds, specific foreign
language proficiency, and test results. The employer must beprepared to document business necessity
for a foreign language requirement.
15. Select Yes or No to identify whether or not the job includes acombination of occupations. For example,
engineer-pilot.
16. Select Yes or No to indicate if the position identified in thisapplication is being offered to the alien
identified in Section J.
17. Select Yes or No to indicate if the job requires the alien tolive on the employer’s premises.
18. Select Yes or No to identify whether the application is for alive-in domestic service worker. Domestic
service workers refer to “private household workers.” The domesticservice must be performed in or
about the private home of the employer whether that home is a fixedplace of abode or a temporary
dwelling as in the case of an individual or family traveling onvacation. A separate and distinct dwelling
maintained by an individual or a family in an apartment house,condominium, or hotel may constitute a
private home.
18-A. If the answer to question 18 is Yes, select whether theemployer and the alien have executed an
employment contract and the employer has provided a copy of thecontract to the alien. Select NA
(not applicable) if the answer to question 18 is No.

Section I
Recruitment Information
1. Select Yes or No. Professional Occupations are defined asoccupations for which the attainment of a
bachelor’s or higher degree is a usual education requirement forthe occupation. For the purpose of
this question, Professional Occupations do not include college oruniversity teachers. If the
answer to this question is Yes, you must complete questions 6 – 22of this section.
2. Select Yes or No to identify whether or not the application isfor a college or university teacher. If the
answer to this question is Yes, you must answer questions 2-A and2-B.
Instructions for ETA Form 9089 Page 7 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section I Continued
2-A. Select Yes or No to indicate if you selected the candidateusing a competitive recruitment and
selection process. If the answer to this question is Yes, you mustcomplete questions 3 – 5 of this
section. In the event of an audit, the employer will be required toprovide documentation as defined by
20 CFR 656.18.
2-B. Select Yes or No to indicate if you used the basic recruitmentprocess for professional occupations. If
the answer to this question is Yes, you must complete questions 6 –22 of this section.
Complete Questions 3 – 5 only if the answer to Section I/Questiona.2-A is Yes
3. Enter the date the alien was selected using the competitiverecruitment and selection process. Enter the
date in mm/dd/yyyy format.
4. Enter the name and date of the national professional journal inwhich the advertisement was placed.
5. Enter additional recruitment information. You may add anattachment if more space is necessary.
Complete Questions 6 – 12 unless your answer to Section B/Question1 is Yes OR your answer to
Section I/Question a.2-A is Yes.
6. Enter the start date for the State Workforce Agency job order.Enter the date in mm/dd/yyyy format.
7. Enter the end date for the State Workforce Agency job order.Enter the date in mm/dd/yyyy format.
8. Select Yes or No to indicate if there is a Sunday edition of thenewspaper in the area of intended
employment.
9. Enter the name of the newspaper (of general circulation) inwhich the first advertisement was placed.
10. Enter the date of the first advertisement identified inquestion 9. Enter the date in mm/dd/yyyy format.
11. Enter the name of the newspaper or professional journal inwhich the second advertisement (if applicable)
was placed. Also, select a checkbox to indicate whether the ad ranin a Newspaper or Journal.
12. Enter the date of the second newspaper advertisement or date ofpublication of journal identified in
question 11. Enter the date in mm/dd/yyyy format.
If the answer to Section I/Questions a.1 or a.2-B is Yes, at least3 of the items in this section must be
completed. For questions 13-22, enter the dates in mm/dd/yyyyformat.
13. Enter the dates advertised at a job fair (if applicable).
14. Enter the dates of on-campus recruiting (if applicable).
15. Enter the dates advertised on the employer’s website (ifapplicable).
16. Enter the dates advertised with a trade or professionalorganization (if applicable).
17. Enter the dates listed with a job search website (ifapplicable).
18. Enter the dates listed with a private employment firm (ifapplicable).
19. Enter the dates advertised with an employee referral program(if applicable).
20. Enter the dates advertised with a campus placement office (ifapplicable).
Instructions for ETA Form 9089 Page 8 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section I Continued
21. Enter the dates advertised with a local or ethnic newspaper (ifapplicable).
22. Enter the dates advertised with radio or TV stations (ifapplicable).
All must complete this section
23. Select Yes or No to indicate whether the employer has receivedpayment of any kind for the submission
of this application, including intended payroll deductions from thealien’s wages.
23-A. If you answer Yes to question 23, please enter details of thepayment for the submission of the
application, including the amount, date and purpose of thepayment.
24. Select Yes, No, or NA to indicate whether the bargainingrepresentative for workers in the occupation in
which the alien will be employed has been provided with notice ofthis filing at least 30 days but not more
than 180 days before the date the application is filed.
25. Select Yes, No, or NA to indicate if there is no bargainingrepresentative, that a notice of this filing has
been posted for 10 business days in a conspicuous location at theplace of employment, ending at least
30 days before but not more than 180 days before the date theapplication is filed.
26. Select Yes or No to indicate if the employer had a layoff inthe area of intended employment in the
occupation involved in this application or in a related occupationwithin the six months immediately
preceding the filing of this application. A related occupation isdefined as any occupation that requires
workers to perform a majority of the essential duties involved inthe occupation for which certification is
sought.
26-A. Select Yes, No, or NA to indicate whether the laid off U.S.workers were notified and considered for
the job opportunity for which certification is sought.

Section J
Alien Information
This section must be different than the agent or attorneyinformation in Section E.
1. Enter the alien’s last name, first name, and full middlename.
2. Enter the alien’s current address. This should be the address ofthe alien’s current residence.
3. Enter the city, state or province, country, and postal code ofthe alien’s current residence.
4. Enter the phone number for the alien’s current residence.
5. Enter the country of current citizenship for the alien.
6. Enter the alien’s country of birth.
7. Enter the alien’s date of birth in mm/dd/yyyy format.
8. Enter the alien’s class of admission if the alien has one. Thisis the current visa status of the alien (e.g.,
H-1B, H-2A, etc.).
9. Enter the alien registration number if the alien has one. Thisis a number assigned to the alien by USCIS.
10. Enter the alien admission number if the alien has one. This isa number assigned to the alien by USCIS.
Instructions for ETA Form 9089 Page 9 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section J Continued
11. Select the highest level of education received relevant to therequested occupation that has been
achieved by the alien. If the highest level of education achievedby the alien is not shown on the form,
select Other.
11-A. If Other was selected for question 11, identify the highestlevel of education relevant to the requested
occupation achieved by the alien. (e.g. MD, JD).
12. Enter the major field(s) of study for the alien in reference tothe highest level of relevant education
achieved.
13. Enter the year the relevant education was completed by thealien. Enter the year in yyyy format.
14. Enter the name of the institution where the relevant educationachieved by the alien, specified in question
11, was obtained.
15. Enter the address of the institution indicated in question14.
16. Enter the city, state or province, country, and postal code ofthe institution indicated in question 14.
17. Select Yes, No, or NA to indicate whether the alien completedthe training required for the requested job
opportunity, as indicated in question H.5.
18. Select Yes, No, or NA to indicate whether the alien has theexperience as required for the requested job
opportunity indicated in question H.6.
19. Select Yes, No, or NA to indicate whether the alien possessesthe alternate combination of education and
experience as indicated in question H.8.
20. Select Yes, No, or NA to indicate whether the alien has theexperience in an alternate occupation
specified in question H.10.
21. Select Yes, No, or NA to indicate whether the alien gained anyof the qualifying experience with the
employer in a position substantially comparable to the jobopportunity requested.
22. Select Yes or No to indicate whether the employer paid for anyof the alien’s education or training
necessary to satisfy any of the employer’s job requirements forthis position.
23. Select Yes or No to indicate whether the alien is currentlyemployed by the petitioning employer.

Section K
Alien Work Experience
List all jobs held by the alien in the past three years whether ornot the job is related to the job opportunity for
which the employer is seeking certification. Also list all otherexperiences that qualify the alien for the job
opportunity. If you need more space to complete this section, youmay use additional pages as attachments
for mailed applications, but you must list the primary jobs andexperiences in these spaces. For electronic
applications, the system will allow employers to enter additionaljobs.
Instructions for Section a – Job 1
1. Enter the full legal name of the business, firm, or organizationthat employed the alien.
2. Enter the address of the employer.
3. Enter the city, state or province, country and postal code forthe business address.
Instructions for ETA Form 9089 Page 10 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section K Continued
4. Enter the type of business of the employer. For example, foodservice, landscaping, computer
hardware manufacturing, etc.
5. Enter the title of the job held by the alien.
6. Enter the date the alien started to work for the employer.
7. Enter the date the alien stopped working for the employer.
8. Enter the number of hours per week the alien worked whileemployed.
9. Enter the details of the job performed by the alien whileemployed. Include the phone number of the
employer and the name of the alien’s supervisor. Job descriptionsshould also include specific details
of the work performed, with emphasis on skills, qualifications,certifications, and licenses required,
managerial or supervisory functions performed, materials orproducts handled, and machines, tools,
and equipment used or operated.
Instructions for Section b – Job 2
Same as instructions for Section a – Job 1.
Instructions for Section c – Job 3
Same as instructions for Section a – Job 1.

Section L
Alien Declaration
1. Enter the last name, first name, and middle initial of the aliensigning the application.
2. The signature of the alien identified by question 1 and the dateof signature are required. The date of
signature must be in mm/dd/yyyy format.
Note – The signature and date signed do not have to be filled outwhen electronically submitting to the
Department of Labor for processing, but must be completed whensubmitting by mail. If the application is
submitted electronically, the certification MUST be signedimmediately upon receipt from DOL before it
can be submitted to USCIS for final processing.

Section M
Declaration of Preparer
1. Select Yes or No to indicate whether the application wascompleted by the employer. If you select No,
questions 2 – 5 must be completed.
2. Enter the full legal name of the person who is responsible forpreparation of the application.
3. Enter the job title held by the person who is responsible forpreparation of the application.
4. Enter the e-mail address of the person who is responsible forpreparation of the application.
5. The signature of the preparer identified by question 2 and thedate of signature are required. The date of
signature must be in mm/dd/yyyy format.
Note – The signature and date signed do not have to be filled outwhen electronically submitting to the
Department of Labor for processing, but must be completed whensubmitting by mail. If the application is
submitted electronically, the certification MUST be signedimmediately upon receipt from DOL before it
can be submitted to USCIS for final processing.
Instructions for ETA Form 9089 Page 11 of 11
Application for Permanent Employment Certification
ETA Form 9089 - Instructions
U.S. Department of Labor
OMB Approval: 1205-0451
Expiration Date: 12/31/2014

Section N
Employer Declaration
1. Enter the full legal name of the employer signing theapplication.
2. Enter the job title held by the employer.
3. The signature of the employer identified by question 1 and thedate of signature are required. The date of
signature must be in mm/dd/yyyy format.
Note – The signature and date signed do not have to be filled outwhen electronically submitting to the
Department of Labor for processing, but must be completed whensubmitting by mail. If the application is
submitted electronically, the certification MUST be signedimmediately upon receipt from DOL before it
can be submitted to USCIS for final processing.

Section O
U.S. Government Agency Use Only
Do not complete this section.