Forms

For any applicant that is not a party to the Kansas v. DOL litigation

As of September 12, 2024, two different sets of H-2A forms are being used depending on whether the Farmworker Protection Final Rule has been implemented and not subject to a federal court injunction. For any applicant that is not a party to the Kansas v. DOL litigation, as explained in OFLC’s September 10, 2024, announcement, the following OMB-approved forms associated with the Farmworker Protection Final Rule are now in effect and currently in use on FLAG:

Form ETA-790/790A and Addenda
Form ETA-9142A and Appendices

For any applicant that is a party to the Kansas v. DOL litigation

For any applicant that is a party to the Kansas v. DOL litigation, as explained in OFLC’s September 10, 2024, announcement, the H-2A forms in use on August 27, 2024, should be used and are currently available in FLAG:

Form ETA-790/790A and Addenda
Form ETA-9142A and Appendices

Foreign Labor Certification Forms
Program	Form	Title
Permanent	ETA-9089	Permanent Online Application Application for Permanent Employment Certification Form ETA-9089, Application for Permanent Employment Certification Form ETA-9089, General Instructions Form ETA-9089, Appendix A Form ETA-9089, Appendix B Form ETA-9089, Appendix C Form ETA-9089, Appendix D Form ETA-9089, Final Determination NOTE: Form ETA-9089, Final Determination is for completion and submission ONLY when submitting Form I-140 to USCIS in support of a Schedule A or National Interest Waiver. When submitting the form to USCIS, please sign and submit a fully executed copy of page 2 along with Form ETA-9089 and the appropriate appendices. PERM applications submitted to OFLC will receive an electronic version of this form if the application is certified. USCIS will only accept the signed version of the form sent by OFLC upon certification of the PERM application in support of Form I-140. Submission of any other version of the form other than the version issued electronically by OFLC will be rejected.
H-1B / H-1B1 / E-3	ETA-9035	Labor Condition Application Online Application Labor Condition Application Form ETA-9035CP Instructions Form ETA-9035 Appendix A
H-2A	ETA 385	Domestic Agricultural In-Season Wage Finding Process
H-2A	ETA-232	Domestic Agricultural In-Season Wage Report Form ETA-232, General Instructions
H-2B	ETA-9142B	H-2B Application for Temporary Employment Certification Online H-2B Application for Temporary Employment Certification H-2B Appendix A H-2B Appendix B H-2B Appendix C H-2B Appendix D Form ETA-9142B - General Instructions Attestation for Employers Seeking Staggered Border Crossings of H-2B Nonimmigrants Working in the Seafood Industry Form ETA-9142-B-CAA-8, Attestation for Employers Seeking to Employ H-2B Nonimmigrant Workers Under Section 303 of Division O of the Consolidated Appropriations Act, 2023, Public Law 117-328, as extended by sections 101(6) and 106 of Division A of the Continuing Appropriations Act, 2024 and Other Extensions Act, Public Law 118-15 Form ETA-9142-B-CAA-8, General Instructions
	ETA-9155	The registration process is currently not operational - form ETA-9155 is not needed at this time.
CW-1 Prevailing Wage	ETA-9141C	Form ETA-9141C Application for Prevailing Wage Determination Form ETA-9141C Application for Prevailing Wage Determination General Instructions
CW-1	ETA-9142C	Form ETA-9142C CW-1 Application for Temporary Employment Certification Form ETA-9142C CW-1 Application for Temporary Employment Certification General Instructions Form ETA-9142C, Appendix A - Employer-Client Information Form ETA-9142C, Appendix B - Additional Worksite and Wage Information Form ETA-9142C, Appendix C - Attorney/Agent/Employer Declarations
Prevailing Wage (PERM / LCA / H-2B)	ETA-9141	ETA-9141 Application for Prevailing Wage Determination Online Application for Prevailing Wage Determination ETA-9141 General Instructions Form ETA-9141, Appendix A – Request for Additional Worksite(s)
	ETA-9165	H-2B Form ETA-9165 H-2B Form ETA-9165 Instructions
D-1	ETA-9033	Attestation by Employers using Alien Crewmembers for Longshore Activities in U.S. Ports
D-1	ETA-9033-A	Attestation by Employers Using Alien Crewmembers for Longshore Activities At Locations in the State of Alaska
Professional Athletes		Form ETA-9089, Application for Permanent Employment Certification Form ETA-9089, Appendix A Form ETA-9089, General Instructions Please Note: Forms ETA-750A and 750B have been discontinued; for professional athlete applications, Forms ETA-9089 and ETA-9089, Appendix A must now be used. You may refer to the instructions above for each form.
H-2A and H-2B	ETA-9127	Foreign Labor Certification Quarterly Activity Report Foreign Labor Certification Quarterly Activity Report Instructions