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Filing Another ETA Form 9089 Application after the First One Was Rejected

Hi William,

My employer filed ETA Form 9089 for me, and it was rejected by Department of Labor. I am near my 6-year of H-1B visa, and my employer wants to file an appeal - Request for Reconsideration. Do you think it is good idea?


The Department of Labor (DOL) may take a year to review the Request for Reconsideration. In the meantime, your employer can file another ETA Form 9089 for you. However, this second ETA Form 9089 can not be for the same position as the position that is listed on the ETA Form 9089 that is undergoing review.

For example, let’s say your employer filed an ETA Form 9089 for you for the position of
Financial Researcher. The DOL rejected that ETA Form 9089, and your employer appealed the rejection. While this first ETA Form 9089 appeal is pending, your employer can not file another one for you for the same position. Your employer would have to use a different position such as Manager, or Financial Analyst.

Additionally, if you are nearing the sixth year of your time on an H-1B visa, you may be able to extend your H-1B status beyond the sixth year if your ETA Form 9089 was rejected and is now pending appeal. To be eligible for this extension, your employer must have filed the ETA Form 9089 sometime before you began your sixth year of H-1B status.

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