Form ETA-750B Is Discontinued: Filing ETA-9089 and Appeals

Form ETA-750B, the Statement of Qualifications of Alien, is a discontinued Department of Labor form. It was replaced by Form ETA-9089 when the PERM electronic filing system launched on March 28, 2005, and the worker information it once collected now appears in Sections J and K of ETA-9089.¹ If you’ve come across a reference to ETA-750B in old case paperwork or outdated instructions, you don’t need to file it today. Here’s what the form was, what took its place, and what to do if your case history involves one.

What ETA-750B Was

ETA-750B was one half of a two-part paper application for permanent labor certification. Part A (ETA-750A) described the job offer and the employer’s requirements. Part B was the worker’s side of the file: a detailed personal and professional profile that the DOL used to decide whether the foreign national actually qualified for the offered position.²

The form asked for biographical details — full legal name, address, date and place of birth, and Alien Registration Number if one existed. It then walked through education (schools attended, fields of study, dates), any specialized training, and a work history covering at least the prior three years. Each job entry required the employer’s name, address, job title, and a description of duties.

What Replaced ETA-750B

Before 2005, permanent labor certification ran on paper. Employers mailed ETA-750A and 750B to State Workforce Agencies, which processed recruitment steps and forwarded completed files to DOL regional offices. Cases routinely sat for years. The PERM (Program Electronic Review Management) system replaced this process with online filing through what eventually became the Foreign Labor Application Gateway (FLAG).¹

Form ETA-9089 consolidated Parts A and B into a single application. The employer now files one electronic application that includes both the job-offer details and the beneficiary’s qualifications. The DOL has confirmed that Forms ETA-750A and 750B have been discontinued entirely.³

Professional athletes were the last group still filing on the old ETA-750 forms. Their labor certification process, governed by 20 CFR 656.33, kept the paper system alive after most other categories moved to PERM. That ended on June 1, 2023, when the DOL launched its modernized FLAG system and eliminated the remaining uses of ETA-750.¹ Professional athlete applications now use ETA-9089 and its Appendix A.³

One wrinkle to be aware of: because USCIS regulations haven’t been formally updated to remove references to ETA-750, USCIS will still accept the old form where its regulations currently permit it.¹ In practice there’s no reason to. The DOL no longer issues the form, and new applications go through FLAG on ETA-9089.

Where the Same Information Goes on ETA-9089

The personal qualifications that used to sit on ETA-750B are now entered in two sections of ETA-9089:

Section J (Alien Information) covers the worker’s highest level of education, major field of study, year of completion, the name and address of the educational institution, and whether the worker meets the training and experience requirements of the offered position.
Section K (Alien Work Experience) asks for the last three years of employment plus any other qualifying experience. Each job entry requires the employer’s name and address, type of business, job title, start and end dates, hours worked per week, and a description of duties, tools, skills, and qualifications used.

Section K is actually more detailed than the old Part B in some places. It asks for hours per week and the name of the worker’s supervisor. The paper form required neither.

If Your Case Involves an Old ETA-750B Filing

Some immigration cases have very long timelines, and it’s possible to run into ETA-750B in a file that originated before 2005. If your I-140 petition was approved based on a labor certification that used the old ETA-750 forms, that approval generally remains valid. The form’s discontinuation does not retroactively invalidate certifications already granted.

For cases where an employer originally filed ETA-750 and later refiled under PERM, the DOL allowed the new ETA-9089 to retain the original priority date, provided that the job opportunity and beneficiary details were identical between the two filings. The priority date determines your place in the visa queue, so preserving it in a long-pending case matters.

Appealing a Labor Certification Denial

Whether the underlying application used the old ETA-750B or the current ETA-9089, appeals of a denied labor certification run through the Board of Alien Labor Certification Appeals (BALCA). The employer has 30 days from the date of the denial to request review. The request goes to the Certifying Officer who issued the denial, identifies the specific case, explains the grounds for appeal, and includes a copy of the Final Determination.⁴

One critical limitation. BALCA reviews the record as it existed when the Certifying Officer made the decision. New evidence or arguments that weren’t in the original file generally cannot be introduced on appeal.⁵ The narrow exception is during reconsideration, when employers may submit pre-existing documents they were required to keep under PERM recordkeeping rules. If the Certifying Officer improperly treated a reconsideration request as a direct appeal, BALCA can remand the case for further processing.

1
U.S. Citizenship and Immigration Services. Chapter 6 – Permanent Labor Certification
2
Federal Register. Employment and Training Administration Agency Information Collection Activities; Comment Request
3
U.S. Department of Labor. Foreign Labor Certification Forms
4
eCFR. 20 CFR 656.26 – Board of Alien Labor Certification Appeals Review
5
U.S. Department of Labor. USDOL BALCA PERM Digest