Form ETA-9089: Essential for Your EB-2 NIW Petition – Recent Updates

By SmartNIW AI, Nov 25, 2024

Recent Update:

When applying for an EB-2 National Interest Waiver (NIW), you are required to submit Form ETA-9089 along with your Form I-140 petition. Although the NIW category waives the labor certification process, USCIS mandates the inclusion of Form ETA-9089 as part of the petition package.

As of now, USCIS has adopted a new version of Form ETA-9089. This updated form includes several appendices that need to be completed by NIW petitioners.

Required Sections for NIW Petitioners:

For your NIW petition, you should complete and include the following parts of the new Form ETA-9089:

  1. Main Form ETA-9089:
    • Complete Part C (“Agent Information”) if applicable.
    • In Part D, select that an Appendix A is being attached.
  2. Appendix A:
    • Provide detailed information about your education, training, and previous job history.
  3. Final Determination:
    • Complete Sections B (Foreign Worker Declaration), and C (Attorney or Agent Declaration) on Page 2 if applicable, which require signatures affirming the truthfulness of the information provided.

Note:

Ensure that you use the latest version of the form to avoid any delays or issues with your petition.

For more detailed instructions, you can refer to the official USCIS guidelines and the Department of Labor’s instructions for Form ETA-9089.

If you have further questions or need assistance with specific parts of the form, feel free to reach out to us admin@smartniw.com!