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ETA-750B or ETA-9089 For EB2 NIW?

September 22, 2017 By Veronika 102 Comments

In the document checklist for National Interest Waiver petition, I mentioned two forms:

  • ETA-750B
  • ETA-9089

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.

As with other NIW updates, I wanted to let you know about this important change. You can download the most recent version of the ETA-9089 form at U.S. Department of Labor website.

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.

In case you don’t want to buy the whole NIW DIY kit just because you need only ETA 9089 you might purchase this single form example here.

Filed Under: FAQ, News, NIW Petition Tagged With: NIW petition

Do you find this website useful? You might be interested in NIW DIY Kit - our complete successful green card application.
PLEASE NOTE: I want to be clear that NONE of the information on this site is a legal advice. I provide this information as general information only, and you should always do your own research and even consult an attorney if necessary.

Comments

  1. Kate says

    November 6, 2017 at 6:29 am

    Hello,
    My EB1A got denied, and my NIW got a RFE on the same day. Also my 6 years of H1B is going to expire next October.
    The NIW RFE asks ETA9089 Parts J,K,L. I have tried to figure out the form but I do not know how to check J 17-23, especially it mentions H.5-H.10. I am really desperately to find a way to fill out this form correctly and avoid another denial letter. If someone has the same experience, could you please share with me? It is greatly appreciated. If the NIW DIY kit has the details about ETA9089 parts J,K,L, please let me know. I am going to buy the kit.
    Thanks!

    Reply
    • EB2 NIW team says

      November 6, 2017 at 8:12 am

      Hi Kate,

      yes our DIY kit includes filled sample of ETA-9089. This has been prepared by a lawyer who is experienced with filing NIW cases. If you really need only only ETA form I won’t force you to buy the whole kit and can make an exception (provide only the form for a small fee). I emailed you with the details.

      Veronika

      Reply
      • Vamsi says

        March 13, 2024 at 8:36 pm

        I got the same RFE asks ETA9089 Parts J, K, L. Can I get only the ETA form?

        Reply
    • Chaitanya says

      March 14, 2024 at 3:33 am

      Hi Kate,
      While responding to the RFE, did you provide any explanation on why it was missing

      Reply
  2. Atikur says

    November 16, 2017 at 8:32 pm

    Hi Veronika,
    May I also request you for a sample copy of filled ETA-9089? I did not buy your kit or your client. I would appreciate that. I am trying to file my case preparing myself and I am close to finish. Thank you and looking forward to hearing from you.
    Best regards
    Atikur

    Reply
    • EB2 NIW team says

      November 16, 2017 at 11:18 pm

      Hi Atikur,

      I emailed you with the details.

      Veronika

      Reply
  3. Jason says

    November 25, 2017 at 4:50 pm

    Hi

    I am filling out the 9089 form. Do I need to fill the part F, PWA section? Also how do I know the wage offer information information for a self-petition NIW? I could not find any information any where else.

    Could you please share a filled form with me as well.

    Thanks

    Reply
    • EB2 NIW team says

      November 25, 2017 at 7:30 pm

      Hi Jason,

      thank you for your interest.

      Filled sample of ETA 9089 form is a part of our NIW DIY kit. If you want just this single form I am willing to exclude it from the kit and provide for $9.99.

      Details in your mailbox if you are interested.

      Veronika

      Reply
  4. Oscar Pinzon says

    December 3, 2017 at 1:15 pm

    Current DOL ETA 9089 form expired on 11/30/2017. No updated version available. Will they return my application because of that?

    Reply
    • EB2 NIW team says

      December 3, 2017 at 3:55 pm

      Hi Oscar,

      I have no idea… Hopefully, they will provide updated form soon. Try to contact DOL and ask them. Good luck!

      Veronika

      Reply
  5. Jeffrey Tang says

    December 12, 2017 at 3:34 pm

    Hi Veronika,
    I am filing my case preparing by myself and I am close to finish. I am working on the ETA-9089 form.

    I did not buy your kit or your client. Could I also request you for a sample copy of filled ETA-9089? I would appreciate that. Or I can pay you for this single form.
    Thank you and looking forward to hearing from you soon.
    Best regards
    Jeffrey

    Reply
    • EB2 NIW team says

      December 12, 2017 at 4:30 pm

      Hi Jeffrey,

      thank you. I have just sent you info how to proceed to your email.

      Have a great day!

      Veronika

      Reply
  6. Remmie says

    December 28, 2017 at 10:48 am

    Hi Veronika,
    Thank you for your very in for active website.
    Please I am interested in buying the Filled Eta 9089 form only. Can you kindly reply as to how to proceed with the purchase I can’t seem to find the information on the website.

    Reply
    • EB2 NIW team says

      December 28, 2017 at 11:23 am

      Hi Remmie,

      thank you, I have just sent info to your mailbox.

      Veronika

      Reply
  7. Yan says

    January 5, 2018 at 7:06 pm

    Hi Veronika,
    Thank you for your concern ,
    I am interested in buying the Filled Eta 9089 form only. Can you kindly reply as to how to proceed with the purchase , Thanks!

    Reply
    • EB2 NIW team says

      January 5, 2018 at 7:34 pm

      Hi Yan,

      thank you, I have just emailed you.

      Have a great weekend!

      Reply
  8. Sarah says

    January 5, 2018 at 7:46 pm

    Hi Veronika,
    Thank you for your concern ,
    I am filing my case preparing by myself and I am close to finish. I am working on the ETA-9089 form.
    I checked the form and it is already expired, I just wondering if I can used it or I have to wait for the new one ,
    Thanks!

    Reply
    • EB2 NIW team says

      January 5, 2018 at 7:48 pm

      Hi Sarah,

      I would try to contact the office and ask them for the most current version or if you can use the latest one they published.

      Reply
  9. Byeong says

    January 6, 2018 at 3:59 pm

    Hi,

    Thanks for the updating. I am now working on the EB2 NIW and I also wonder how to fill the ETA 9089 form. And if you are able to provide the reliable template for me, I would like to purchase ETA 9089 form only. Please let me know how to purchase and the reliability of this form. In addition, if the current form was changed from Jan. 2018, is there any way to get updated version from you after purchasing? If so, how quick I can get it since I am planning to submit NIW application within Jan. 2018.
    Thank you so much.

    Reply
    • EB2 NIW team says

      January 7, 2018 at 7:35 pm

      Hi Byeong,

      when I do any updates I always provide all future versions for free to the customers. I try to do updates ASAP but cannot guarantee they are made by the end of January. Changes in these forms are usually insignificant but of course I have no idea how this change will look like. I sent you an email in case you would like to purchase anyway.

      Veronika

      Reply
  10. Chris says

    January 19, 2018 at 5:04 pm

    Hi,

    I am interested in the sample filled out ETA form only.

    Thank you!

    Reply
    • EB2 NIW team says

      January 20, 2018 at 1:53 am

      Hi Chris,

      thank you for your interest. I have just sent you an email.

      Veronika

      Reply
  11. Sarah says

    January 27, 2018 at 12:40 pm

    Hi,
    Is there any updates about ETA form? Do you have any idea that i can apply with the expired one?
    Thanks

    Reply
    • EB2 NIW team says

      January 29, 2018 at 10:55 pm

      Hi Sarah,

      I don’t have any new updates about this and DOL didn’t update their form in a while. Some of my clients submitted the old version but didn’t get back to me how it worked. this is definitely not a legal advice what you should do. I would try to contact DOL directly and ask them if you can use this version of the form. I am sorry I have no new info about this.

      Veronika

      Reply
  12. Rasel Parvej says

    February 5, 2018 at 7:03 pm

    Hi Veronika,
    I filled my I-140 NIW on Oct. 13, 2017 and I have received a letter from USCIS today requesting that I need to submit an original and properly completed application for permanent employment certification (ETA Form 9089) parts J, K and L, or application for Alien Employment Certification (ETA-750) Part B (Statement of Qualifications of Alien). My question is both forms expired, which one should I use? I prefer to use ETA-750, can I do that? Thanks for your great help.
    Rasel

    Reply
    • EB2 NIW team says

      February 8, 2018 at 12:12 am

      Hi Rasel,

      I cannot tell you what to do in your case (I am not a lawyer and thus I am not allowed to). I have a sample of filed ETA 9089 which is a part of your DIY kit (https://www.eb2niw.com/niw-do-it-yourself-kit/)

      Veronika

      Reply
  13. Byung says

    February 15, 2018 at 9:29 am

    Hi, I got this email in the response to the updated version of 9089 form.
    Does this mean that they still accept the “expired” 9089 form with the EB2 NIW application?

    “Thank you for contacting the U.S. Department of Labor National Contact Center.

    – Employers have the option of filing the ETA Form 9089 electronically. After registering and establishing an account with the online filing system, employers may electronically fill out and submit the ETA Form 9089. – The Department of Labor recommends that employers file electronically. Not only is electronic filing faster, but it also ensures that the employer has provided all required information.- Employers also have the option of filing by mail, however employers will not be allowed to submit applications by fax. – Employers should file applications directly with the U.S. Department of Labor (processing center) and not with a State Workforce Agency (SWA). – Supporting documentation is not submitted with the application, but it must be kept for a period of five years from the filing date in case of an audit by the Department of Labor. – The Department of Labor does NOT require fees for permanent labor certification.- No self-employment or partnerships are allowed. There must be an employer-employee relationship. “

    Reply
    • EB2 NIW team says

      February 19, 2018 at 8:00 pm

      Hi Byung,

      thanks a lot for posting this here. I would tell them that you are applying for EB2 NIW and sending paper form to USCIS. If they responded I would ask further. If you do please post it here. thank you and sorry I don’t have answer for you.

      Veronika

      Reply
  14. Janet Kim says

    March 5, 2018 at 2:09 am

    Would it be possible to request a sample of the completed ETA 9089 for an NIW petition?

    Reply
    • EB2 NIW team says

      March 6, 2018 at 7:47 pm

      Hi Janet,

      thank you for your interest. I have just sent you an email with info.

      Veronika, EB2 NIW

      Reply
  15. Caroline says

    March 13, 2018 at 3:17 pm

    Hi Veronika,
    Thank you very much for your website and all the information you share!
    Please, could you tell me how to proceed to request a sample of the completed ETA 9089? I am preparing the EB1A petition and would like to join this file.
    Thanks again for your help!

    Reply
    • EB2 NIW team says

      March 15, 2018 at 8:01 pm

      Hi Caroline,

      I have just sent you an email how to proceed.

      Also, you might find valuable info regarding EB1A at my other blog : http://www.eb1agreencard.com

      Veronika, Founder of EB2 NIW project

      Reply
  16. Markus says

    March 15, 2018 at 1:05 am

    Hi Veronica,
    is it possible to apply for a NIW if a non-profit organization with national impact needs my expertise and experience in their field of interest and won’t offer a job, but would like me to work for them for free ? They have no budget for a job offer thus no US-Worker would consider this job. Thus would this arrangement have a chance to get permuted ?
    Thank you for a short reply.

    Reply
    • EB2 NIW team says

      March 15, 2018 at 8:24 pm

      Hi Markus,

      they can manage work visas, it might be much easier than a green card. For evaluation of your case, you might want to contact couple attorneys and they might do evaluation for free for you (google “free niw evaluation”). I am not a lawyer and cannot give you that kind of advice.

      Good luck!

      Veronika, Founder of EB2 NIW project

      Reply
  17. Iwona says

    March 19, 2018 at 1:24 pm

    I have one more question, do I need to have photocopy certification of copied documents?

    Reply
    • EB2 NIW team says

      March 20, 2018 at 8:44 am

      Hi Iwona,

      I didn’t use certification for copies. Official USCIS instructions say that “a legible photocopy may be submitted”

      Veronika, Founder of EB2 NIW project

      Reply
      • Iwona says

        March 25, 2018 at 8:33 am

        Thank you very much!

        Reply
  18. Yulin Pan says

    March 22, 2018 at 9:06 am

    Hi Veronika,

    Thank you so much for your website and all the information! I am preparing for an NIW case, and have got everything finished except the ETA 9089 form. Could you let me know how I can proceed to request a sample of this form?

    Thank you for your help!
    Yulin

    Reply
    • EB2 NIW team says

      March 22, 2018 at 9:15 am

      Hi Yulin,

      thank you very much for your feedback, I really appreciate your kind words! I have just sent you an email.

      Veronika, Founder of EB2 NIW project

      Reply
  19. Chloe says

    March 27, 2018 at 9:29 pm

    Hi Veronika,
    I am currently preparing to file my EB-1A case and NIW case together by myself. I am working on the ETA-9089 form. Could I also request you for a sample copy of filled ETA-9089? Or could I request a blank ETA-9089? I would appreciate that. In addition, did anyone file the NIW case with the “expired” 9089, I was wondering whether the USCIS accept this form? Is there any risk of filing the expired one? If there are any update with my case, I will let you know. Thank you.
    Best regards

    Reply
    • EB2 NIW team says

      March 28, 2018 at 7:49 am

      Hi Chloe,

      thank you very much for your interest, I have just sent you an email regarding ETA form.

      To answer your other questions – honestly, I am not sure. But some people probably file their petitions with expired forms (I am not saying that this is safe). It has been several months they didn’t update it. I don’t get it but it is reality.

      Regarding EB1a – you might find useful info at my other blog (you probably know about it) : http://www.eb1agreencard.com

      If you get any news regarding your case which might be helpful to other people, please let me know. I would totally appreciate it!

      Veronika, Founder of EB2 NIW project

      Reply
  20. tj says

    March 31, 2018 at 11:38 am

    Hi,

    I purchased your DIY Kit and I am preparing for NIW EB2. I am wondering if you know the recent ETA form as ETA 9089 also has been expired. Though I was trying to register on the DOL website to complete the 9089 form online, during the registration I see I have to provide Employer Business Information, Contact Information also there is a mandatory field of EIN number, how can I register then?

    Reply
    • EB2 NIW team says

      April 2, 2018 at 8:36 am

      Hi Tj,

      the online registration is for regular employers who sponsor the green card and need to get labor certification from DOL. We didn’t send the ETA form to DOL but in paper version to USCIS. So I am not sure if you can do it online this way… I know that they have expired form there, also wondering if they are planning an update or… Some people wrote me that they are going to submit expired version to USCIS but I didn’t get any verification that this is 100% secure. Sorry about not giving you any better info.

      Veronika

      Reply
  21. Sam Hong says

    April 5, 2018 at 7:13 am

    Hi,
    Thanks for your blog. It’s very helpful to prepare my EB2 NIW.
    I’m almost done except form ETA 9089. The form has not been updated so I think I should use the expired form.
    Could I request the sample form of ETA 9089 with instructions please?
    I appreciate your quick response.

    Sam

    Reply
    • EB2 NIW team says

      April 5, 2018 at 7:31 am

      Hi Sam,

      thank you very much! I have just sent you an email with info.

      Veronika, Founder of EB2 NIW project

      Reply
  22. Sheau-Chiann Chen says

    April 22, 2018 at 2:30 pm

    Hi Veronika,
    Thank you for proving the useful information on the website. I am interested in buying a sample copy of filled ETA-9089 only. Could you please reply me how to process with the purchase?
    Thanks.

    Reply
    • EB2 NIW team says

      April 23, 2018 at 12:04 pm

      Hi Sheau,

      Thank you so much for the purchase! I appreciate it.

      Veronika, Founder of EB2 NIW

      Reply
  23. Touhidul Islam says

    May 19, 2018 at 12:06 pm

    Hello Veronica,

    I applied under NIW category. I need to send ETA9089 form. Would you kindly send me the detailed purchase information? I will really appreciate it. Thank you so much.

    Best,
    Touhid

    Reply
    • EB2 NIW team says

      May 19, 2018 at 12:53 pm

      Hi Touhidul,

      Thank you for your interest!

      I have just sent you the details to your inbox.

      Veronika

      Reply
  24. SN says

    May 28, 2018 at 2:56 pm

    Hi Veronica,

    Can you provide me with the information to purchase a completed copy of ETA 9089 for EB2-NIW petition?

    Thank you.

    Reply
    • EB2 NIW team says

      May 30, 2018 at 1:36 am

      HI SN,

      Thank you for your interest. I have just sent you an email.

      Veronika

      Reply
  25. Legacy says

    June 13, 2018 at 8:16 am

    Please why is ETA-750B or ETA-9089 required for this application of NIW since labour certification is not required? Does USCIS require it for NIW?

    Please do you know if USCIS will accept print out of scanned copies of Letters of recommendations and confirmation letters as opposed the original signed copies. Some of the letters are coming from people in another continent and may take a long time to be mailed. So is asking them to scan the letters instead of mailing them to me ok?

    Some of the people offering to issue the letters of recommendation are not in a position to use their company letter head to write such letters. Do you know if USCIS will honour letters not written on a letter head.

    Thank you.

    Legacy

    Reply
    • EB2 NIW team says

      June 15, 2018 at 7:45 am

      Hi Legacy,

      labor certification is not required for NIW. But the ETA form is required in EB2 category and NIW is under this category. So we filed the form and sent to USCIS (not DOL).

      Copies are good, USCIS only requires a legible photocopy. We did exactly what you describe – printed scanned versions of the letters.

      We also had some of the letters without official letterhead – one was a key testimony from important person. I believe it was accepted well by the officer because our green card was approved.

      Hope it helps.

      Veronika, Founder of EB2 NIW project

      Reply
  26. Legacy says

    June 16, 2018 at 9:44 am

    Thank you Veronika for your help in this forum and well developed KIT. You really took time to develop that with such details.
    My concern is that the KIT and discussion here are for NIW for advanced degree professional.
    Please do you have much information and experience for Alliens with exceptional ability.
    It appears from my review that I am more qualified for exceptional ability.
    I have masters degree, 5 years work experience in USA, licensed in my profession, certified also, and earned good salary while working in USA.

    Please I need info on exceptional ability petition.
    It seems I am mixing up both qualification.
    If I go for advanced degree, will being licensed in my profession, being certified, having earned good salary, add value to that route. Or will it be acceptable to mix both qualifications under advanced degree category

    Reply
    • EB2 NIW team says

      June 18, 2018 at 9:59 am

      Hi Legacy,

      Thank you so much, I appreciate your feedback!

      Let me explain – there are basically four requirements to succeed in NIW.

      First requirement is to satisfy Advanced Degree or Exceptional ability. People with Masters degree satisfy Advanced degree. No need to worry if you satisfy both – you need just one and Advanced degree is super easy when applicant have Masters degree. We have shown the degree and evaluation and that was it (look in the DIY kit).

      Then you move on to the next 3 requirements according to Dahanasar case, explained in details here. This is the core of the petition, this is actually the hardest thing to demonstrate.

      Hope it helped.

      Veronika, Founder of EB2 NIW project

      Reply
  27. Gene says

    June 23, 2018 at 1:47 pm

    Hi,

    I will be filling also the EB2- NIW but I’m not sure on what to submit. Is I140 and all the evidences Ex. Official Transcript o f a Foreign having advance degree and letter/ certificates stating or showing 5 years of experience from your field. Is all I need to directly submit to USCIS? I read your blog stating that ETA 9089 must submitted together with I140 but I don’t know how to fill out especially this is a self- petition compared to an employer petition. Can you please show me an example of an filled out form ETA 9089?
    Thank you so much

    Reply
    • EB2 NIW team says

      June 24, 2018 at 10:09 pm

      Hi Gene,

      I prepared a detailed blog post with the document checklist for I-140 petition, check this.

      If you need to see how to fill forms, what evidence in what form to submit, how to write the letters and a lot more – you can get it in our DIY kit.

      Veronika, founder of EB2 NIW project

      Reply
  28. Legacy says

    June 25, 2018 at 2:27 pm

    what is the implication of selecting either Texas or Wisconsin service center. Does it mean I must work in the states associated with it.

    Regards

    Reply
    • EB2 NIW team says

      June 25, 2018 at 8:56 pm

      Hi Legacy,

      at the time we were filing it was according to the state we lived. Now the current address might be found here: https://www.uscis.gov/i-140-addresses

      Veronika, Founder of EB2 NIW project

      Reply
  29. Legacy says

    July 1, 2018 at 11:40 pm

    Veronika,
    Please why did you use duplicate of form ETA-9089, Why duplicate and not one?

    Regards

    Reply
    • EB2 NIW team says

      July 2, 2018 at 12:45 pm

      Hi Legacy,

      this is their requirement to have two originals of ETA form. Not sure why they need two.

      Veronika, Founder of EB2 NIW project

      Reply
    • Legacy says

      July 7, 2018 at 1:33 pm

      I am having problem getting the form from DOL website.
      Please do you have idea how I can get it?

      Reply
      • EB2 NIW team says

        July 7, 2018 at 1:59 pm

        Hi Legacy,

        it is weird, it seems like a temporary error. I would try it later and if nothing happens I would try to contact them.

        I am sorry I cannot provide better help.

        Hope you are having a good weekend,

        Veronika
        Founder of EB2 NIW project

        Reply
        • Legacy says

          July 9, 2018 at 10:03 am

          Hi Veronika,

          I have not received the form ETA 9089 after putting some efforts.
          I have called DOL but have not received the form yet.

          Do you or anyone else have ideal on how to go about it.

          I hope they have not stopped the NIW!

          Reply
          • karo says

            July 9, 2018 at 1:41 pm

            I am having troubles getting the form as well! Could you post here what you learned from DOL? If you get the blank form, can you share it?

            thanks!

  30. karo says

    July 9, 2018 at 2:52 pm

    Hi Veronika,
    there appears to be a new form eta 750B that expires in 2020 – do you think I could use it for EB2-NIW application? I have your DIY kit but it does not include ETA 750B..
    https://www.foreignlaborcert.doleta.gov/pdf/ETA-Form_750-PartB_508_Compliant.pdf

    Reply
    • EB2 NIW team says

      July 9, 2018 at 3:07 pm

      Hi guys, karo and Legacy,

      it is hard to say what is going on at DOL. The history is that in our original case it was still allowed to use ETA 750B which we successfully did. I have already read at official resource that it is obsolete and newer form ETA 9089 will be used instead of it. Then, they weren’t able to renew the “new” form 9089 and expired version was at DOL website for several month. Then, they finally put there a non-expired version ETA 9089 which I included in our newest kit update. And now… Seriously, I have no idea what is going on there. Because you both bought our DIY kit I can provide you our original ETA 750B if you wish, but it is at your own risk, I cannot guarantee that it will work. Sending you both an email with ETA 750B. Sorry I can’t help better right now, I hope they will “fix it”.

      Veronika, Founder of EB2 NIW project

      Reply
      • Legacy says

        July 10, 2018 at 3:52 am

        Veronika,

        Please do you have a ‘clean’ un-used copy of ETA 9089?
        I will appreciate if you mail a copy to me as well.
        It seems you used the new ETA 9089 to update the KIT. The date on the form is current.

        Regards

        Ebere

        Reply
        • EB2 NIW team says

          July 10, 2018 at 8:35 am

          Yes, the newest version was included in our DIY kit. I have just sent you the blank form by email.

          Reply
  31. Legacy says

    July 12, 2018 at 10:12 am

    Hi Veronika,

    You have mentioned about sending me an email based of your comments above, but I have never received any e-mail from you.
    Please check and use the email shown. The last one I listed has an error which is now corrected.

    Regards

    Reply
    • EB2 NIW team says

      July 12, 2018 at 10:16 am

      Hi Legacy,

      I have just sent it again to this email. hope it went through this time 🙂

      Veronika

      Reply
      • Legacy says

        July 13, 2018 at 3:08 am

        Received! Thank you.

        I could not type in on the ETA 9089 just as I did with Form 140.
        I guess one should be able to complete the form using keyboard and then print and sign. But the pdf file does not allow that. Does it mean I have to complete it manually using a pen? Is there something I’m missing?

        Reply
        • EB2 NIW team says

          July 13, 2018 at 7:40 am

          Hi Legacy,

          yes, this might happen because DOL is a different institution than USCIS and they might have different kind of forms. I used a software which allows to edit PDFs (CutePDF Pro). Sorry for the pain.

          Veronika, Founder of EB2 NIW project

          Reply
          • Legacy says

            July 14, 2018 at 4:22 am

            I downloaded the software and yet it is not working. I could not edit nor complete the form online. Do you know if completing with pen manually is advisable.

            Please which version did you use and is it free on the internet?

            Regards

          • EB2 NIW team says

            July 15, 2018 at 12:36 pm

            Hi Legacy,

            as far as I know CutePDF Professional is not free, I paid for it. I use Version 3.73 currently. The form doesn’t become editable itself, but the software I used have several features how to edit pdfs (for example: Typewriter etc.) This is how I filled not-editable forms.

            Veronika, Founder of EB2 NIW project

  32. Pearson says

    July 26, 2018 at 6:45 pm

    Dear Veronica,

    I hope you are doing well. I bought your Kit DIY for EB2-NIW and it is really helping. But unfortunately, I have some doubt how to fill for the ETA-9089 since there is only the sample without explaining how to fill the form.

    My question is where should I fill this form, online or I have to download and fill it out?

    Reply
    • EB2 NIW team says

      July 30, 2018 at 12:03 pm

      Dear Pearson,

      thanks for your feedback, I appreciate it!

      We filled the paper version and submitted in the whole package with all other things to USCIS. This is different from other EB2 subcategories where employer submits ETA to DOL.

      Hope it helps.

      Veronika

      Reply
  33. Leonardo Leao says

    August 7, 2018 at 10:28 am

    Hi, Veronika.

    I’ve bought the EB2-NIW Kit last year and, unfortunately, my ETA 9089 is expired. Can you send me the updated form, please? I have my application ready to file but I am concerned about sending the application with the Form ETA 9089 expired.

    Thank you very much!

    Reply
    • EB2 NIW team says

      August 9, 2018 at 3:16 pm

      Hi Leonardo,

      I have sent you an email.

      Veronika

      Reply
  34. Ayush Singhal says

    August 16, 2018 at 9:00 am

    Can you please send me the filled sample of a 9089 ETa form?
    Let me know how much and where to pay for it?

    Reply
    • EB2 NIW team says

      August 17, 2018 at 3:18 pm

      HI Ayush,

      thank you for your interest, you can buy it here. Let me know if you have any questions.

      Veronika, Founder of EB2 NIW project

      Reply
  35. AA says

    August 23, 2020 at 12:09 pm

    I am finalizing my EB2-NIW petition and I see ETA Form 750B is available but it is expiring soon at the end of Aug (8/31/2020). What should I do? Can I fill the ETA Form 750B? Will the updated form get released? It is much simpler form than the ETA Form 9089. What do you suggest?

    Reply
    • EB2 NIW team says

      August 23, 2020 at 2:50 pm

      Hi,

      I am not a lawyer so I am not allowed to give you direct advice what to do. As I explain in this blogpost I replaced ETA 750 which we originally submitted in our petition years ago with newer ETA 9089. If it seems too hard, filled sample of ETA 9089 can be purchased here for couple bucks.

      Veronika

      Reply
  36. ROB says

    September 1, 2020 at 4:17 pm

    Good Afternoon,

    I would like to purchase the example form 9089 from you.

    Please advise,

    Many thanks,

    Rob

    Reply
    • EB2 NIW team says

      September 2, 2020 at 3:09 pm

      Hi Rob,

      you can get filled ETA 9089 sample here:

      https://www.eb2niw.com/eta-9089/

      Please let me know in case of any questions.

      Veronika, Founder of EB2 NIW blog

      Reply
      • ROBERT I SEED says

        September 2, 2020 at 5:50 pm

        Hi Veronika,
        I accessed the 9089 form. Thanks for providing. Unfortunately this 9089 no longer exists – however your example has still been helpful for the new form. My main worry was that I had to provide details of an employer sponsor and this example has cleared that issue up!

        Also shouldn’t EB-2 NIW cases be schedule A? this is not the case in the example – implying that if this example was real it should have been filed to DOL?

        thanks,

        Rob

        Reply
        • ROBERT I SEED says

          September 2, 2020 at 6:04 pm

          My mistake,

          Schedule A and NIW are mutually exclusive, so in NIW case we tick No for the Sched A question… .

          Reply
        • EB2 NIW team says

          September 2, 2020 at 6:10 pm

          Hi Robert,

          thanks for the purchase. ETA form has been confusing for many of us. I have learned that main purpose is for regular EB2 green cards when employer file it to DOL. But NIW cases which are filed by applicant himself / herself are NOT sent to DOL. Just fill appropriate parts as seen in the example and add it to the petition with other documents which is then sent to USCIS.

          Hope it helps.

          Veronika

          Reply
  37. Lu says

    September 7, 2020 at 8:32 pm

    Hi Veronika,

    I purchased the NIW DIY kit however I just find I140 and I485. May I know where is the sample ETA 9089 form? Thank you!

    Lu

    Reply
    • EB2 NIW team says

      September 8, 2020 at 12:24 pm

      Hi Lu,

      I am sorry it is harder to find, it is kind of buried in the petition. Please open file I-140.pdf and it is somewhere around page 18-21 (depending on the version of your kit). If you don’t have the most current version released a few months ago, just send me your proof of purchase and you will get this update. Also, ETA form is in older versions too.

      Hope it helps.

      Veronika

      Reply
  38. dan says

    October 8, 2020 at 4:36 pm

    I am filing out the ETA9089 form for the EB2-NIW category. My guess is that we only need to fill out sections J,K and L. Was this properly cleared up in the filled sample form ETA9089 for sale on your blog?

    Reply
    • EB2 NIW team says

      October 8, 2020 at 9:03 pm

      Hi Dan,

      I can see you already purchased it, thank you! If you have any questions don’t hesitate to contact me – simply hit reply on your purchase email.

      Veronika

      Reply
  39. Thibaut says

    June 26, 2021 at 1:37 pm

    Hi,

    I applied by myself for EB2 NIW in 2019. I just received an RFE asking for form 9089 or ETA750b.

    I saw that there is an updated eta750b valid until 2023. I guess this is more suitable for a EB2 NIW to use the eta750b, right?

    Thank you.

    Best,
    Thibaut

    Reply
    • EB2 NIW team says

      July 1, 2021 at 10:05 am

      Hi Thibaut,

      what USCIS says at the current moment is crucial – if they allow both forms now choose the one you want. It is true that ETA-750B was shorter at the time we filed years ago. However, I switched to ETA-9089 in our DIY kit because it was the only option certain times and it seemed that USCIS will abandon ETA-750B soon.

      Veronika

      Reply
  40. xiaolong says

    November 3, 2021 at 8:17 pm

    Hi,

    Thanks for your kit. This is to let you know that on the DOL web site, the expire date of 8089 form is 8/31/2021, while the expire date of 750B is in 2023. I am not sure, but I think currently, submitting form 750B is more suitable. It may help the future applicants a lot if you can update the kit.

    Reply
    • EB2 NIW team says

      November 4, 2021 at 8:39 pm

      Hi Xiaolong,

      thank you so much for your comment and willingness to share info with the community! This actually happens quite often that USCIS or DOL has expired version of the form on their website. USCIS forms usually have notes on the form homepage and it specifically says which versions are allowed to use (including those expired). Regarding your question – it does not matter which one you use if both are still allowed. However, as you probably know 750B version is shorter.

      And yes you are right, it is time for another DIY kit update. I started to work on it couple month ago (I need to update all the forms in the whole kit to make sure it is all good once I am doing the update). Then life got in the way and I couldn’t finish. But I promise I will once it is possible (hopefully soon!). Please follow blog – I will post notice about the update. Or simply write me and ask. You as a customer have lifetime free access to all updates.

      PS: there are probably couple more newer version of the forms than those I have in the last update of the kit but these are probably minor. One bigger change is that form I-944 and related evidence is no longer needed (skip this part in I-485 petition). Let me know in case of any questions.

      Thank you for choosing us!

      Veronika

      Reply
  41. Ade says

    August 1, 2022 at 6:05 pm

    Hi,

    USCIS has just sent me an RFE requesting me to file either ETA 750 part B or ETA form 9089. Your explanation indicates that ETA 750 part B already expired. Could you please share with me sample ETA form 9089 so I may fill it correctly. I am willing to pay the required fee for it. Thank you very much.

    Reply
    • EB2 NIW team says

      August 1, 2022 at 7:52 pm

      Hi Ade,

      I am sorry to hear about your RFE. You might purchase ETA 9089 form example here.

      Let me know in case of any questions.

      Veronika

      Reply
  42. Afunya says

    May 19, 2023 at 8:30 am

    Hi, Veronika.
    I’m glad you’re still helping people with their EB2-NIW. I’m one of the beneficiaries of your good works; back in mid to late 2014. You may have forgotten since you deal with a lot of people. I remember back in the days I would send e-mails, and you would reply with further explanation. The last time I sent an e-mail was to say thank you after I had my GC. I’ve been a citizen for just over a year.
    Many blessings to you!

    Reply
    • EB2 NIW team says

      May 19, 2023 at 11:47 am

      Hi Afunya,

      OMG you made my day! Thank you so much for your message. It is great to hear that you made it to “final goal” and I am sure you must feel great and proud of yourself. Congratulation, my fellow citizen, I hope you can enjoy a little more peace in mind now.

      Take care and thanks again for your heart warming message!

      Veronika, founder of EB2 NIW project

      Reply
  43. Masoud says

    November 21, 2023 at 9:22 pm

    Good day,
    I’m looking for DIY kits of NIW and I’m so happy I found you. Can you please verify that your kit is an up-to-dated version of the forms/procedures and it is adequate for next year (2024)?

    Reply
    • EB2 NIW team says

      November 22, 2023 at 12:42 pm

      Hi Masoud,

      thank you! I updated the DIY kit when there was a major change. The last overall update was made in 2021.

      Let me know in case of any questions.

      Veronika

      Reply

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