Justification

JUSTIFICATION FOR NON-MATERIAL CHANGE REQUEST FOR OMB APPROVAL:

Application for Permanent Employment Certification

OMB Control Number: 1205-0451

Title: This non-material change request corrects the version of the paper Application for Permanent Employment Certification, Form ETA 9089. An employer seeking permanent labor certification under the PERM visa program must submit an application and all required supporting documentation to the Department of Labor's Office of Foreign Labor Certification either electronically using the PERM CMS System or by U.S. mail. An incorrect version of the paper version of Form ETA-9089 was inadvertently uploaded during the most recent approval.

More specifically, the following sections outline the issues in the current version of Form ETA-9089:

• Page 1 – “B” is missing before the section for “Schedule A or Sheepherder Information”;

• Page 1 – “C” is missing before “Employer Information (Headquarters or Main Office);

• Page 1 – Section C-6 thru C-9 have been added to the rows;

• Page 1 – Section C (Employer Contact Information) is now Section D;

• Page 2 – Section F-9, “Area of intended employment” was removed;

• Page 3 – “H. Job Opportunity Information Continued” appearing between Section H-5 and H-5B should be placed at the top of the page;

• Page 4 – the word “usually” should be changed to “normally” in Section I-1;

• Page 5 – the order of newspaper and journal checked boxes should be reversed in Section I-11;

• Page 6 – there is not a place for the employer to select Yes or No in Section J-22; therefore, checked boxes indicating “yes” and “no” were added;

• Page 9 – under #2 in Section N. Employer Declaration, the word “other” should be placed prior to the word “incentives”;

• Section I-23A should not have an extra column next to the question, now space has been added underneath;

• General formatting issues – for example, see question J-23 (part of the row carries over to the next page);

• General formatting issues – Sections J-18 thru J-20 are repeated.

The version now being submitted comports with the changes announced in the 60-day and 30-day FRNs and the approved electronic version of the form.