fanao2006-08-24 13:15:44
Help, how to prepare form ETA9089

I am preparing RN green card, my lawyer only sned me the ETA9089 form with instructions, but I am not so sure about some of the items. Nurses please help me and correct me because you guys have done this before. Thank you in advance


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9. Is the employer a closely held corporation, partnership, or sole
proprietorship inwhich the alien has an ownership interest, or is there a
familial relationship between the owners, stockholders, partners, corporate
officers, incorporators, and the alien? Yes No

I think I should answer NO to this question because the hospital is not in the stock market and I dont have hospital's stock.


F. Prevailing Wage Information (as provided by the State Workforce Agency)

1. Prevailing wage tracking number (if applicable)
2. SOC/O*NET(OES) code
3. Occupation Title
4. Skill Level
5. Prevailing wage Per: (Choose only one) Hour Month Week Year Bi-Weekly

6. Prevailing wage source (Choose only one)
SCA DBA OES CBA Employer Conducted Survey Other
I got prevailing wage determination from State Workforce Agency, but they didnt list what is their prevailing wage source, should I put Other, then specify State Workforce Agency?


6-A. If Other is indicated in question 6, specify:

7. Determination date 8. Expiration date

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Page 3

H. Job Opportunity Information Continued

5-B. Indicate the field of training: Nursing

6. Is experience in the job offered required for the job?
Yes No
I put NO, because I am new Graduate, only have clinical experience in school, but I never worked in USA before

6-A. If Yes, number of months experience required:


7. Is there an alternate field of study that is acceptable?
Yes No
I put No, is it right

7-A. If Yes, specify the major field of study:


8. Is there an alternate combination of education and experience that is
acceptable? Yes No
I put No, is it right

8-A. If Yes, specify the alternate level of education required:
None High School Associate’s Bachelor’s Master’s Doctorate Other

8-B. If Other is indicated in question 8-A, indicate the alternate level of
education required:


8-C. If applicable, indicate the number of years experience acceptable in
question 8:


9. Is a foreign educational equivalent acceptable?
Yes No
I put yes, because there are many foreign nurses passed NCLEX-RN test and work in USA

10. Is experience in an alternate occupation acceptable?
Yes No
I put No, is it right

10-A. If Yes, number of months experience in alternate occupation required:


10-B. Identify the job title of the acceptable alternate occupation:


11. Job duties – If ting by mail, add attachment if necessary. Job duties
deion must begin in this space.
This is about JOB DEION,right?






12. Are the job opportunity’s requirements normal for the occupation?
Yes No
I put Yes, is it right?

If the answer to this question is No, the employer must be prepared
toprovide documentation demonstrating that the job requirements aresupported
by business necessity.


13. Is knowledge of a foreign language required to perform the job duties?
Yes No
I put No, is it right

If the answer to this question is Yes, the employer must be prepared
toprovide documentation demonstrating that the language requirementsare
supported by business necessity.


14. Specific skills or other requirements – If ting by mail, add attachment
if necessary. Skills deion must begin in this space.
Maybe I should put EKG reading,IV,Draw blood in this item?


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Page 4
H. Job Opportunity Information Continued

15. Does this application involve a job opportunity that includes a
combination of occupations?
Yes No
I put No, is it right

16. Is the position identified in this application being offered to the
alien identified in Section J?
Yes No
I put YES

17. Does the job require the alien to live on the employer’s premises?
Yes No
I put No, is it right

18. Is the application for a live-in household domestic service worker?
Yes No
I put No, is it right

18-A. If Yes, have the employer and the alien executed the required
employment contract and has the employer provided a copy of the contract to
the alien?
Yes No NA


I. Recruitment Information
a. Occupation Type – All must complete this section.
1. Is this application for a professional occupation, other than a college
or university teacher? Professional occupations are those for which a
bachelor’s degree (or equivalent) is normally required.

Yes No
I put No, because I think nursing just needs associate degree

2. Is this application for a college or university teacher?
Yes No

If Yes, complete questions 2-A and 2-B below.


2-A. Did you select the candidate using a competitive recruitment and
selection process?
Yes No

2-B. Did you use the basic recruitment process for professional occupations?

Yes No


b. Special Recruitment and Documentation Procedures for College and
University Teachers – Complete only if the answer to question I.a.2-A is
Yes. NURSE DONT HAVE TO FILL OUT THIS PART,RIGHT?
3. Date alien selected:


4. Name and date of national professional journal in which advertisement was
placed:

5. Specify additional recruitment information in this space. Add an
attachment if necessary.



c. Professional/Non-Professional Information – Complete this section unless
your answer to question B.1 orI.a.2-A is YES.
6. Start date for the SWA job order NURSE DONT HAVE TO FILL OUT THIS PART,RIGHT?


7. End date for the SWA job order


8. Is there a Sunday edition of the newspaper in the area of intended
employment? Yes No

9. Name of newspaper (of general circulation) in which the first
advertisement was placed:

10. Date of first advertisement identified in question 9:

11. Name of newspaper or professional journal (if applicable) in which
second advertisement was placed:
Newspaper Journal

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Page 5

I. Recruitment Information Continued

12. Date of second newspaper advertisement or date of publication of journal
identified in question 11:



d. Professional Recruitment Information – Complete if the answer to
question I.a.1 is YES or if the answer to I.a.2-B is YES. Complete at least
3 of the items.

NURSE DONT HAVE TO FILL OUT THIS PART,BECAUSE I CHOOSE NURSING IS NOT A PROFESSIONAL JOB IN THE PREVIOUS ITEMS

13. Dates advertised at job fair From: To:

14. Dates of on-campus recruiting From: To:


15. Dates posted on employer web site From: To:

16. Dates advertised with trade or professional organization From: To:

17. Dates listed with job search web site From: To:

18. Dates listed with private employment firm From: To:

19. Dates advertised with employee referral program From: To:

20. Dates advertised with campus placement office From: To:

21. Dates advertised with local or ethnic newspaper From: To:

22. Dates advertised with radio or TV ads From: To:


e. General Information – All must complete this section.

23. Has the employer received payment of any kind for the submission of this
application? Yes No
I put No, is it right

23-A. If Yes, describe details of the payment including the amount, date and
purpose of the payment :

24. Has the bargaining representative for workers in the occupation in which
the alien will be employed been provided with notice of this filing at
least 30 days but not more than 180 days before the date the application is
filed?
Yes No NA
I put NA, because my hospital is not unionized

25. If there is no bargaining representative, has a notice of this filing
been posted for 10 business days in a conspicuous location at the place of
employment, ending at least 30 days before but not more than 180 days before
the date the application is filed? Yes No NA
I PUT YES to this one


26. Has the employer had a layoff in the area of intended employment in the
occupation involved in this application or in a related occupation within
the six months immediately preceding the filing of this application? Yes No
I put No, is it right

26-A. If Yes, were the laid off U.S. workers notified and considered for the
job opportunity for which certification is sought?
Yes No NA



17. Did the alien complete the training required for the requested job
opportunity, as indicated in question H.5?
Yes No NA
I put YES

18. Does the alien have the experience as required for the requested job
opportunity indicated in question H.6?
Yes No NA
I put YES

19. Does the alien possess the alternate combination of education and
experience as indicated in question H.8?
Yes No NA
I put NA

20. Does the alien have the experience in an alternate occupation specified
in question H.10?
Yes No NA
I PUT NA

21. Did the alien gain any of the qualifying experience with the employer in
a position substantially comparable to the job opportunity requested?
Yes No NA
I PUT YES

22. Did the employer pay for any of the alien’s education or training
necessary to satisfy any of the employer’s job requirements for this
position?
Yes No
I PUT NO

23. Is the alien currently employed by the petitioning employer?
Yes No
SHOULD I PUT YES TO THIS ONE, I got OFFER FROM MY HOSPITAL BUT I DIDNT WORK FOR THEM YET BECAUSE I DONT HAVE WORK PERMIT.