USCIS has provided confirmation regarding the submission requirements for both Schedule A and National Interest Waiver I-140 petitions on the new Form 9089 Application for Permanent Employment Certification. The petitioner or self-petitioner should include the following sections:
• Appendix A (Foreign Worker Information) of the new ETA Form 9089.
• Appendix C (Supplemental Information), if additional information cannot be accommodated in Appendix A.
• Page 2 of the Final Determination Document, specifically Sections B (Foreign Worker Declaration) and C (Attorney or Agent Declaration). These sections require the foreign worker and the attorney or agent’s signatures, affirming the truthfulness of the material submitted in Appendix A.
For National Interest Waiver petitions, no job offer or employer signature is required, and Section D (Employer Declaration) does not need to be completed. However, for Schedule A I-140 petitions, both a job offer and an employer’s signature are required, and Section D (Employer Declaration) must be signed by the employer.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
