PERM – ETA-9089 – FLAG – 10) (G) Additional Job Opportunity Information and Other Requirements
G.1. Is this a permanent position offering full-time employment of generally 35 hours or more?*
- Answer: Yes
G.2. Is the employer seeking permanent labor certification for a live-in household domestic service worker?
Yes / No
G.3. Will the employer accept a foreign diploma/degree equivalent to the employer’s required U.S. diploma/degree identified in Section F of the PWD identified in question E.1?
Yes / No / N/A
- Note: Check the Notice of Filing for the degree requirement.
G.4. Is the foreign worker currently working for the employer submitting this application?
Yes / No
G.4a. If “Yes” in question G.4, indicate whether the foreign worker only qualifies for the job opportunity by the virtue of the employer’s alternative requirements identified in Section F of the PWD identified in Question E.1
Yes / No
G.4b. If “Yes” in question G.4 and G.4a, please select the applicable statement describing the employer’s willingness to accept any suitable combination of education, experience, or training.
I Accept
I do not Accept
- Note: If G.4 and G.4a are No, then this field is not required.
G.5. Is the employer relying solely on the experience the foreign worker while working for the employer, including as a contract employee to qualify him/her for the job opportunity covered by this application?
Yes / No
G.5a. If “Yes” in Question G.5, did the foreign worker gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity identified in Section F of the PWD identified in Question E.1?
- Note: If G.5 is No, this answer will autofill as N/A.
G.5b. If “Yes” in Question G.5, did the employer pay for any of the foreign worker’s education or training necessary to satisfy any of the employer’s requirements for the job opportunity identified in Section F of the PWD identified in Question E.1?
- Note: If G.5 is No, this answer will autofill as N/A.
G.6. Does the job opportunity require the worker to live on the employer’s premises?
Yes / No
G.7. Does the job opportunity in Section F of the PWD identified in Question E.1 involve a combination of occupations?
Yes / No
- Tooltip: Indicate whether the employer’s job opportunity involves a combination of occupations (e.g., engineer/pilot) by marking “Yes” or “No.”Note: If “Yes” is marked for this question, please use Appendix C to explain briefly how the combination is supported by business necessity, the employer has normally employed persons for that combination of occupations, and/or workers customarily perform the combination of occupations in the area of intended employment.
G.8. Is proficiency in a foreign language required or preferred to perform the job duties identified in Section F of the PWD identified in Question E.1?
Yes / No
- Tooltip: Indicate whether proficiency in a foreign language is required or preferred by the employer in order for the worker to perform the job duties described in the job opportunity by marking “Yes” or “No.”Note: If “Yes” is marked for this question, please use Appendix C to explain briefly how the foreign language requirement is supported by business necessity.
G.9. Do the job requirements identified in Section F of the PWD identified in Question E.1 exceed the Specific Vocational Preparation (SVP) level assigned to the occupation as shown in the O*NET Job Zones?
Yes / No / N/A
- Tooltip: Indicate whether the employer’s job requirements exceed the Specific Vocational Preparation (SVP) level assigned to the occupation, as shown in the O*NET Job Zones, by marking “Yes” or “No.”Note: If “Yes’ is marked for this question, please use Appendix C to explain briefly how the job requirements are supported by business necessity.
G.10. Did the employer use a credentialing service to qualify the foreign worker’s education and/or experience requirements in Section F of the PWD identified in Question E.1?
Yes / No / N/A
- Tooltip: Indicate whether the employer used a credentialing service to qualify the foreign worker’s education and/or experience for the job opportunity by marking “Yes” or “No.”
Note: If “Yes” is marked for this question, please use Appendix C to explain briefly what experience, education, or combination of both was used to qualify the foreign worker for the minimum requirements. For example, the credentialing service accepted two (2) years of experience in lieu of a bachelor’s degree. Per 20 CFR 656.3, if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience must be attainable in the U.S. labor market and must be stated on the application form. If the employer is willing to accept an equivalent foreign degree, the employer must state this clearly on the Form ETA-9089, Application for Permanent Employment Certification.
- Answer in Appendix C: The employer is willing to accept an equivalent foreign degree.
G.11. Has the employer received payment of any kind for the submission of this application?
Yes / No
- Tooltip: Indicate whether the employer has received any kind of payment or service in-kind for preparing and submitting this application by marking “Yes” or “No.”
Note: If “Yes” is marked for this question, please use Appendix C to include a brief explanation of who paid the employer and an explanation of services for which the payment was received, including the amount and the date of the contract, if applicable. The explanation should also include a statement regarding if the payment was received as an incentive, inducement, or reimbursement for filing the application and if the payment is associated with the employer’s attorney fees or other related activities as indicated in 20 CFR 656.12(b). The explanation must indicate whether the same attorney represents both the employer and the foreign worker. Payment includes, but is not limited to, monetary payments; wage concessions, including deductions from wages, salary, or benefits; kickbacks, bribes, or tributes; in-kind payments; and free labor.
G.12. Has the employer had a layoff in the occupation involved in this application or in a related occupation within the 6 months immediately preceding the filing of this application in the area of intended employment?
Yes / No
- Tooltip: Indicate whether the employer had a layoff in the occupation involved in this application or in a related occupation within the six (6) months immediately preceding the filing of this application in the area of intended employment by marking “Yes” or “No.”
Note: If “Yes” is marked for this question, please use Appendix C to explain briefly the nature of the layoff specifying the job title(s), job location(s), and the number of employees laid off. The explanation should also include how the laid off employees were notified of the job opportunity listed in this application.
