In the document checklist for National Interest Waiver petition, I mentioned two forms:
You might wonder why I am writing about forms coming from U.S. Department of Labor (DOL) and not from USCIS. These forms serve for Foreign Labor Certification and one of them must be submitted within the NIW petition.
Over the years I received many questions from confused blog readers and clients:
Why do I need to submit this ETA form even though there is no labor certification required for NIW?
I didn’t have better explanation other than: it is simply required by regulations. Let me reveal more details now.
National Interest Waiver is under the EB2 green card category. This category is mostly for U.S. employers who sponsor their foreign workers and apply for green cards for them. Regulation requires employers to submit a labor certification ETA form to DOL first. Then, if approved they are allowed to submit the EB2 petition, including an approved ETA form, to USCIS.
The NIW petition is different – there is no labor certification needed. But, it is still under the EB2 category within the same regulations, and these regulations require that the ETA form should be submitted in any EB2 case. So, while applicants don’t need to request labor certification approval from DOL, they DO need to submit a completed ETA form within their NIW petition directly to USCIS.
The confusion about ETA forms doesn’t end here. I often get this additional question:
Which form should I use for EB2 NIW: ETA-750B or ETA-9089?
When we were working on our case, this was confusing for us. I found out that we could choose either the older form (ETA-750B), or the new form (ETA-9089). When I opened the newer ETA-9089 I realized it is 15 pages long, compared to the 2-page ETA-750B. For that reason, I chose the ETA-750B.
Unfortunately, the ETA-750B form expired on 30th June 2017. Applicants may no longer choose between these two forms – they now must file form ETA-9089.
I also wanted to provide a complete sample of the ETA-9089 to our clients and add the form to our NIW DIY kit. We didn’t submit this form by ourselves and thus I couldn’t verify 100 % a correct version that is acceptable by USCIS.
A few months ago, I started cooperation with an immigration lawyer, Joseph N. Atkin, who has focused on EB1A, EB1B and EB2 NIW cases for many years. He is advising me on another blog, where I am helping people in another self-petition green card category: EB1A Extraordinary Ability (You might qualify, check it out!) He was also willing to prepare the sample of ETA-9089 for my clients here at NIW blog. Thanks to his generosity and willingness to help, I have just implemented the new form ETA-9089 to our DIY kit.
The clients who bought our DIY kit after June 30, 2017, already received completed sample of ETA-9089 by email. But all clients are eligible for this free update. If you need ETA-9089 form, simply reply to the purchase confirmation email or send me some other proof of purchase of NIW DIY kit. I will be glad to provide this update.