Use new ETA-9089 form for EB-2 NIW

Understanding form ETA-9089

In this article, we’ll delve into the intricacies of Form ETA-9089, an essential document for those seeking a National Interest Waiver (NIW) Green Card. We will provide you with valuable insights into the updated version of this form, recent changes, and which version you should use. Let’s get started!

The purpose of form ETA-9089

Form ETA-9089, commonly referred to as the labor certification form, plays a crucial role in the NIW Green Card application process. Despite the “waiver of labor certification” aspect of the NIW category, you must still submit this form. Failing to do so may result in a Request for Evidence (RFE) or rejection of your application. It might seem counterintuitive, but this form is directed to the United States Citizenship and Immigration Services (USCIS), not the Department of Labor.

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What Starter Kit Includes

Document #1

Starter Kit structure, importance of repetitions and choosing the right language

I-140 Cover Letter

Document #2

Find list of professions in the section: Starter Kit Templates

NIW Case Builder

Document #3

For profession of your choice, to help you identify relevant NIW initiatives and arguments

Original I-140 Cover Letter

Document #4

Important also for non-banking professions: from our approved NON-RFE petition

Three Original Reference Letters

Documents #5A, #5B, #5C

Important also for non-banking professions: from our approved NON-RFE petition

Editable Original Reference Letters

Documents #6A, #6B, #6C

Word format of our three original reference letters that can be edited

Guide to Request Reference Letters

Document #7

Detailed steps we took to acquire reference letters and recommended strategies

Guide to Understand Visa Bulletin

Document #8

Find out if your date is current, ie. there is no backlog and no wait time for a green card

Adjustment of Status Guide

Document #9

Adjustment of Status explained, along with list of required forms and documents (10 pages)

AOS Sample: I-485, I-765 & I-131

Document #10

Forms I-485, I-765, I-131 and Adjustment of Status cover letter in editable Word format

ETA-9089 & ETA-750 Forms

Document #11

Select sample form to add to your package

Overview of the NIW process

Before diving into the specifics of the new version of Form ETA-9089, let’s briefly revisit the NIW Green Card process. Unlike traditional green card categories that involve a lengthy labor certification process, NIW applicants can bypass these steps. Instead, they can start directly with an I-140 petition. If applying from abroad, the process concludes with consular processing, while applicants in the U.S. file for an adjustment of status using Form I-485.

The new version of form ETA-9089

The new version of Form ETA-9089 was released by the Department of State, featuring a significant overhaul. It’s important to note that the USCIS has not yet provided official guidance on which version to use. Therefore, confusion abounds in determining whether to use the older, expired version or the new one. The key difference is that the new form includes various appendices, increasing its complexity.

Which version should you use?

As a rule of thumb, it’s wise to rely on official USCIS guidance. Unfortunately, the USCIS website has not been updated to reflect the new version of Form ETA-9089, and it still links to the older, expired form. Until USCIS issues clear instructions and updates its policy manual, many applicants keep using the older version of the form.

While awaiting official guidance, we can anticipate the sections that will likely need completion on the new Form ETA-9089. Expect to fill out the main form, particularly Part C, where agent information is provided. You may also need to select and complete Appendix A, which is relevant to NIW applicants and resembles the previous version’s educational and job history details. Additionally, Appendix E, “Final Determination,” will be essential for NIW applicants, as it requires your signature.

Navigating the world of immigration can be challenging, especially when faced with updates to essential forms like Form ETA-9089. However, by staying informed and following official USCIS guidance, you can ensure a smoother NIW Green Card application process.

Please be aware that forms and regulations can change over time. The information provided above is not intended as legal advice but rather represents the author’s personal anticipation of potential future developments. Therefore, it is essential to double-check the information in this content and to ensure its accuracy at the time you are reading it.