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Which form to fill out in the NIW from DOL? The 750B is completely out but USCIS is still has mentioned in a couple of places that we can submit this. But USCIS also mentions to use the ETA 9089. The new 9089 is so not suitable for NIW its a big mistake from USCIS to use the latest form 9089. Is anyone filling the form latest 9089 in NIW? 


Thanks in advance. 


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Hope a lawyer is doing the heavy lifting.

" The United States Citizenship and Immigration Services (USCIS) has confirmed the submission requirements for the new Form 9089 Application for Permanent Employment Certification, specifically for Schedule A and National Interest Waiver I-140 petitions.

For both Schedule A and National Interest Waiver petitions, the petitioner must submit the following portions of the new Form 9089:

  1. Appendix A (Foreign Worker Information): This section contains essential details about the foreign worker seeking permanent employment certification.
  2. Appendix C (Supplemental Information): If necessary, Appendix C should be included, allowing for additional information to be provided, which can complement the data entered in Appendix A.
  3. Page 2 of the Final Determination Document: Specifically, Sections B and C are required. Section B is the Foreign Worker Declaration, where the foreign worker acknowledges the truthfulness of the information submitted in Appendix A. Section C is the Attorney or Agent Declaration, where the attorney or agent representing the foreign worker also attests to the accuracy of the material submitted in Appendix A.

For National Interest Waiver petitions, neither a job offer or employer are required. As a result, USCIS does not require an employer’s signature and Section D (Employer Declaration) does not need to be completed in such cases. However, for Schedule A I-140 petitions, both a job offer and employer are mandatory. Therefore, Section D (Employer Declaration) must be completed and signed by the employer. "

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