ETA Form 9198 - Employer Representative Declaration Form
ETA Form 9198 - Employer Representative Declaration Form
Department Labor
Employment and Training Administration OMB Control No. 1205-0371
Expiration Date: March 31, 2026
Note: Form 9198 will not be honored for any purpose other than declaring Employer Representative(s) with the
State Workforce Agency (SWA) for employer WOTC certification requests.
1. Employer Information. Employer must sign and date this form on page 2, Part II, Line 5.
Employer Name and Mailing Address: Employer Tax Identification Number (EIN):
The employer hereby appoints the following person(s) as authorized employer representative(s):
2. Representative(s). Representatives must sign and date the form on page 2, Part II, Line 6.
Note: SWAs must send notices and communications to two (2) designated Employer Representatives.
Last Name, First Name: Company Name:
Check if to be sent copies of Employer’s WOTC notices and communications. ----------------------▶ [_]
Last Name, First Name: Company Name:
Check if to be sent copies of Employer’s WOTC notices and communications. -----------------------▶ [_]
to represent the employer for WOTC purposes and perform the following activities:
3. Acts Authorized. (You are required to acknowledge Line 3, Acts Authorized, with employer initials).
I (employer) authorize my representative(s) to facilitate the WOTC certification request process on my
behalf. My representative(s) shall have the authority to perform acts I can perform with respect to the
WOTC certification process, described below.
• Complete and sign IRS Form 8850, Pre-Screening Notice and Certification Request for the Work
Opportunity Tax Credit, on behalf of the employer;
For Privacy Act and Paperwork Reduction Act Notice, see the instructions. ETA Form 9198 (May 2023)
U.S. Department Labor
Employment and Training Administration OMB Control No. 1205-0371
Expiration Date: March 31, 2026
• Submission of IRS Form 8850 and ETA Forms 9061/9062/9175 with supporting documentation
to the appropriate SWA;
• Submitting missing information or documentation that is necessary for a certification request;
• Communicate directly with the SWA to provide updates or clarifying information regarding an
employer’s certification request;
• Receiving copies of notices or communications related to an employer’s certification request;
• Substitute or add representative(s) within the same company.
Note: The Employer Authorization designation of Year(s) or Period(s) cannot be retroactive from the
signature date of the employer declaration in Part II. Employers may not specify years or periods that
have ended, as of the date the Employer signs the authorization (Line 5). The Authorization period listed
in Line 3, Acts Authorized, cannot exceed five (5) years and will automatically terminate on the
applicable end date, unless revoked or withdrawn earlier by either party.
5. Employer Declaration and Signature. I certify I have the legal authority to execute this form as, or on
behalf of, the Employer. If signed by an individual other than the Employer specified in Part I., indicate.
▶ IF NOT COMPLETED, SIGNED, AND DATED, THIS AUTHORIZATION IS INVALID, AND THE SWA WILL RETURN THIS FORM TO THE EMPLOYER.
Work Opportunity Tax Credit (WOTC)
For Privacy Act and Paperwork Reduction Act Notice, see the instructions. ETA Form 9198 (May 2023)
U.S. Department Labor
Employment and Training Administration OMB Control No. 1205-0371
Expiration Date: March 31, 2026
General Instructions
Purpose of Form
Use Form 9198 to authorize an individual to represent you (employer) for WOTC purposes. Check with your State
Workforce Agency (SWA) for information about using a substitute form other than a Form 9198 to authorize an
individual to represent you for WOTC purposes. Your authorization of a representative will allow that individual to
facilitate your WOTC certification requests, including submitting WOTC processing forms (IRS Form 8850 and ETA
Forms 9061/9062/9175), and supporting documentation or information, on behalf of the employer. For the latest
information about developments and instructions related to Form 9198 .
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How To File
Submit a copy of the completed form to the SWA where the employer files WOTC certification requests (state where
the employer’s business is located). You can choose how to submit Form 9198 from the options below. Although
electronic and facsimile submission of Form 9198 is permitted, not all states are equipped to accept an electronic or
faxed copy of Form 9198. Employers should confirm acceptable submission methods with the SWA prior to form
submission. To get the name, address, phone/fax numbers, and email address of the WOTC coordinator for your
state, visit the Department of Labor’s WOTC page website at.
Note: If you use an electronic signature (see Electronic Signatures below), you must submit your Form 9198
online.
• Online. Submit your Form 9198 via online portal. Note: You will need to have a registered account with the SWA’s
online portal to submit your Form 9198 online. Contact your local SWA to request secure portal access or account.
• Fax. Fax your Form 9198 to the appropriate fax number registered with the SWA.
• Mail. Mail your Form 9198 directly to the SWA via certified U.S. Postal Mail.
• e-mail. E-mail your Form 9198 directly to the SWA. (Confirm this option is available with the specific SWA).
Electronic Signatures
Forms 9198 with an electronic (e-)signature image or digitized image of a handwritten signature may only be used if
the employer’s system satisfies the requirements in IRS Ann. 2002-44, 2002-1 C.B. 809. Guidance on acceptable
electronic (e-)signature methods is provided in IRS Notice 2012-13, 2012-9 I.R.B. 421.
• A typed name that is typed into the signature block;
• A scanned or digitized image of a handwritten signature that is attached to an electronic record;
• A handwritten signature input onto an electronic signature pad; or
• A handwritten signature, mark, or command input on a display screen with a stylus device.
Note: If the employer electronically signs Form 9198 in a remote transaction, a third-party submitting Form 9198 to
the SWA on behalf of the employer must attest that he or she has authenticated the employer’s identity, unless the
third party has personal knowledge allowing the third party to authenticate the employer’s identity. (For example,
through a prior business relationship; a personal relationship, such as an immediate family member; or a similar
relationship, such as between an employer and an employee). A remote transaction for an electronic signature
occurs when the employer is electronically signing the form, and the third-party submitter isn’t physically present with
the employer.
Authority Granted
Except as specified below or in other ETA guidance, this Employer Representative Declaration Form authorizes the
listed representative(s) to perform acts that you can perform with respect to the facilitation of WOTC certification
requests, described in the Declaration. Representatives are not authorized to inspect and/or receive the employer’s
confidential tax information, or to perform any acts (i.e., sign agreements or other documents) not described in the
Declaration.
For Privacy Act and Paperwork Reduction Act Notice, see the instructions. ETA Form 9198 (May 2023)
U.S. Department Labor
Employment and Training Administration OMB Control No. 1205-0371
Expiration Date: March 31, 2026
Revocation by Employer. If you (employer) want to revoke a previously executed Employer Representative
Declaration, and do not want to name a new representative, you must write “REVOKE” across the top of the first
page of this form with a current signature and date below this annotation. You must then submit a copy (by postal
mail, fax or online) of the original Declaration with the revocation annotation to the SWA (where the business is
located and WOTC certification requests are submitted). If you do not have a copy of the Declaration you want to
revoke, you must send the SWA a statement of revocation that indicates the authority of the Declaration is revoked,
lists the matters and years/periods, and lists the name and address of each recognized representative whose
authority is revoked. You must sign and date this statement. If you are completely revoking authority, write "remove
all years/periods" instead of listing the specific matters and years/periods.
Withdrawal by Representative. If your representative wants to withdraw from representation, they must write
“WITHDRAW” across the top of the first page of the form (Declaration) with a current signature and date below the
annotation. Then, they must provide a copy of the original Declaration with the withdrawal annotation to the SWA
(where the business is located and original Declaration was submitted) in the same manner described in Revocation
by Employer, earlier. If your representative does not have a copy of the Declaration he or she wants to withdraw, he
or she must send the SWA a statement of withdrawal that indicates the authority of the Declaration is withdrawn, lists
the matters and years/periods, and lists the name, employer identification number (EIN), and address (if known) of
the Employer. The representative must sign and date this statement.
Specific Instructions
Part I. Authorized Representative(s)
Line 1. Employer Information
Enter the information requested about you (employer). Do not enter information about any other person, except as
stated in the specific instructions below. Address information provided on Form 9198 will not change your last known
address registered with the SWA. To change your last known address, send a separate written notification that
includes the new information to the SWA.
Enter your name, the company/business name, employer identification number (EIN), and your street address or post
office box. Do not enter your representative's address or post office box. Note: The EIN number must be a tax-
identification number that is registered in the SWA (in the state where the employer’s business is located and WOTC
certification requests are submitted), so that the SWA may verify if a WOTC applicant is a rehire, and establish an
employer-employee relationship where wages are paid (and federal taxes deducted) in the state. Employers should
verify with the SWA that the appropriate EIN is provided consistently across IRS Form 8850 and ETA Forms 9198
and/or 9061. Do not enter any information pertaining to the employer’s representative, if any, in this section.
For Privacy Act and Paperwork Reduction Act Notice, see the instructions. ETA Form 9198 (May 2023)
U.S. Department Labor
Employment and Training Administration OMB Control No. 1205-0371
Expiration Date: March 31, 2026
For Privacy Act and Paperwork Reduction Act Notice, see the instructions. ETA Form 9198 (May 2023)