Wrong names on certified ETA-9089 form

C

cyborgkh

New Member
Hello,

My spouse's PERM has been certified. However, we've noticed that the lawyer has made a mistake in the name. The candidate has no middle name. The middle name should be blank and placed in the First (given) Name instead. We've informed the lawyer, and was told that it should not be an issue as it can be corrected while filing I-140. However, we are not so convinced.

First, in the ETA-9089 form, the foreigner worker needs to sign and declare under the penalty of perjury that the information is correct. If he/she signs the form with the incorrect information, does it mean he/she perjure him/herself? Second, we're not informed what the processes of correcting the name are as we know that ETA-9089 form cannot be corrected. From our research, the lawyer may write a letter explaining to USCIS regarding the discrepancy. But is it risky? If USCIS doesn't agree, it wastes the candidate time /money.
 
I agree with you your attorney. This can be fixed at USCIS I-140 stage. As long as your complete name is put under either given name, middle name or last name I would not worry.

Keep in mind if you really want your employer to fix with USDOL, they would suggest withdraw ETA 9089 and refile new one which might easily consume additional close to 2 years time and you would also lose early priority date.
 
Thanks for your input. We’re also worried about perjury. By signing the form, does it mean we perjure ourselves as we the information isn’t accurate?
 
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