Employers are always looking for new workers. In many cases, US workers are able and willing to do a job. In these cases, the recruiting and hiring process is easy: the employer puts out a job ad, screens the applicants, chooses the correct workers, and work begins. In this situation, local workers are happy and the employer is happy.
However, the recruitment process is not always so simple. In some cases, local workers are simply not available or not willing to take on a specific job. In some cases, employers cannot find qualified workers, despite recruitment. If this happens, employers do have the option of securing foreign workers on a permanent basis, but this is rather an involved process. In order to get permanent Labor Certification from the Department of Labor (DOL), employers need to file Form ETA-9089 INST as well as other immigration forms in order to secure permission to hire foreign workers.
There are many reasons why immigration Form ETA9089 INST is part of the recruiting and hiring process of foreign workers in the US:
1) It ensures that US workers are not passed over for jobs. By filing ETA 9089 INST, employers need to show that US workers are not qualified, able, or willing to do the work required. The employer must also show that there has been a real effort made to find local workers and that this attempt has failed. This helps ensure that local workers are not being passed over for a job.
2) It ensures a quality work environment for local workers. By filing USCIS Form 9089, employers must show that they are willing to provide a real job at the prevailing wage. This ensures that employers are not under-paying foreign workers and thus lowering the prevailing wage for a job. If employers were able to bring in foreign workers just to avoid paying a fair wage and offering standard work conditions, the standards would soon fall and local workers would have to accept the now-lowered wages. Form ETA-9089 prevents this.
3) It protects foreign workers. Employers who fill out ETA-9089 and follow the instructions for Form ETA-9089 need to be able to show that they are offering the standard wage for the job. This can help protect foreign workers from being hired on a below-minimum-wage job or for jobs which are unduly dangerous. This ensures that foreign workers are safer when they come to the US to work.
