This guide is for the attorney, paralegal or HR lead opening a new PERM case. Most of what can go wrong later is fixed at intake, because the job described in the wage request carries through every step after it. Here's what to collect, the rule each answer feeds, and a questionnaire to adapt.
Why intake comes before the wage request
The ETA-9089 asks its job questions about the requirements "identified in Section F of the PWD identified in Question E.1," and PERM ads may not list requirements or duties beyond the ETA-9089 (20 C.F.R. § 656.17(f)(6) (2025)), a rule the notice of filing picks up through § 656.10(d)(4). Whatever goes into Form ETA-9141's job section is the job the whole case recruits for.
What to collect, and why
| Topic | What to ask | What it feeds |
|---|---|---|
| The employer | Legal name, any trade name, FEIN, NAICS code, employees on payroll in the area, year the business began | ETA-9089 Section A; an employer must have a U.S. location and a valid FEIN (20 C.F.R. § 656.3) |
| Ownership and family ties | Does the worker own any part of the business? Any family tie to owners or officers? Ten or fewer employees? | § 656.17(l); ETA-9089 questions A.16 and A.17 |
| The job | Title, every duty, whether it supervises others, who it reports to, any travel | ETA-9141 Section F, which says "All job duties must be disclosed" |
| The requirements | Minimum degree and field, training, months of experience and in what, licenses, languages, other special skills, any alternative requirements, foreign degree equivalents | § 656.17(h) and (i); ETA-9141 Section F; ETA-9089 question G.3 |
| The worker's history here | Is the worker employed by the employer now? What did they have when hired? Was any qualifying experience gained here, and in what job? | § 656.17(i)(3) and (5); ETA-9089 questions G.4 and G.5 |
| The worksite | Street address and county, any other worksites, remote or hybrid arrangements | ETA-9141 place of employment; ETA-9089 Section F and Appendix B |
| The wage | The offered wage, and whether any part of it comes as commission or bonus | § 656.10(c)(1) and (2) |
| Permanent and full time | Is the job permanent and full time? | § 656.10(c)(10); § 656.3 (defining "employment"); ETA-9089 question G.1 |
| How the employer recruits | Where it normally advertises similar jobs, its in-house media, who normally screens applicants, any union for the occupation | §§ 656.10(b)(2)(ii) and 656.10(d)(1) |
| Layoffs | Any involuntary separation in the area, in this or a related occupation, in the last 6 months, or one planned | § 656.17(k); ETA-9089 question G.12 |
| Comparable hires | Has anyone been hired into a substantially comparable job with less training or experience? | § 656.17(i)(2) |
| Who pays | Who is paying the costs of the labor certification, attorney fees included | § 656.12(b); ETA-9089 question G.11 |
| Labor disputes | Is the job vacant because of a strike or lockout, or at issue in one? | § 656.10(c)(6) |
Three of these answers decide more than they seem to.
The worker's history. If the worker already works for the employer, DOL looks at the training and experience the worker had at hire, and the employer can't require more of U.S. applicants unless the experience was gained here in a job that wasn't substantially comparable, or training a worker is no longer feasible (§ 656.17(i)(3)). A substantially comparable job is one "requiring performance of the same job duties more than 50 percent of the time" (§ 656.17(i)(5)(ii)). So intake needs the worker's job history with this employer, duty by duty.
Requirements beyond the norm. A requirement above what's normal for the occupation, or above its Specific Vocational Preparation level in the O*NET Job Zones, needs business necessity, and so does a foreign language (§ 656.17(h)). The business necessity guide covers how DOL tests it. Ask now, while the requirement can still be dropped.
Layoffs. A layoff in the area of intended employment, in the occupation or a related one, within 6 months of filing triggers a duty to notify and consider the laid-off workers (§ 656.17(k)). Ask about planned ones too: the 6 months run back from the filing date, which is months away at intake. The layoff rule guide has the detail.
A questionnaire to adapt
Brackets are notes for whoever sends it. Add the firm's own instructions above it.
PERM INTAKE: EMPLOYER QUESTIONNAIRE
Case: [worker's name], [position]
A. THE EMPLOYER
1. Legal business name, and any trade name (DBA):
2. FEIN: 3. NAICS code:
4. Employees on payroll in the area of this job:
5. Year the business began:
B. OWNERSHIP AND RELATIONSHIPS
6. Does the worker own any part of the business?
7. Is the worker related to any owner, officer, partner or incorporator? If so, how?
8. Total number of employees:
C. THE JOB
9. Job title:
10. Every duty of the job, with the approximate share of time each takes:
11. Does it supervise anyone? Which job titles?
12. Title of the person the job reports to:
13. Any travel? Where, and how often?
D. THE REQUIREMENTS (the employer's actual minimums)
14. Minimum degree, and the field(s) accepted:
15. Training required, in months, and in what:
16. Experience required, in months, and in what occupation:
17. Licenses, languages or other special skills:
18. Will you accept an alternative combination of education and experience? Which?
19. Will you accept a foreign degree equivalent?
20. Why is each requirement needed for this job? [Needed for anything above the norm.]
E. THE WORKER'S HISTORY WITH YOU
21. Does the worker work for you now? Since when?
22. What education and experience did the worker have when hired?
23. Has the worker held other jobs here? List each, with its duties and dates.
24. Did you pay for any of the worker's education or training that the requirements call for?
F. WORKSITE AND WAGE
25. Worksite street address and county:
26. Any other worksites, or remote or hybrid work?
27. Offered wage, and the pay period:
28. Is any part of it commission or bonus?
29. Is the job permanent and full time?
G. HOW YOU RECRUIT
30. Where do you normally advertise jobs like this?
31. What in-house media do you use (intranet, email, boards)?
32. Who normally screens and interviews applicants for jobs like this?
33. Is there a union for this occupation here?
H. LAYOFFS AND HIRING
34. Any involuntary separations in the past 6 months in this area, in this or a related job? Any planned?
35. Anyone hired into a comparable job with less training or experience than question 14 to 17 require?
I. COSTS AND DISPUTES
36. Who is paying the costs of the labor certification, including attorney fees?
37. Is the job vacant because of a strike or lockout, or at issue in one?
Completed by: [name, title] Date: [date]
What this guide can't do
- Tell you whether a requirement is justified for a particular job. That's the attorney's judgment on the facts. Nothing here is legal advice.
- Replace the forms. The ETA-9141 and ETA-9089 are the record; the questionnaire just makes sure the answers exist before they're needed.
Related
- How DOL sets a prevailing wage, the step that comes next
- The wage levels tool, DOL's four levels for any occupation and area
- Business necessity in PERM, for question 20
- The PERM layoff rule for employers, for question 34
Once the answers are in, the free case app at PERM Tracker for attorneys works out the case's dates from the wage request through the I-140 deadline, with reminders.
