Introduction
For foreign workers and U.S. employers involved in the PERM (Program Electronic Review Management) labor certification process, understanding the ETA 9089 processing time is essential. Form ETA 9089 is a critical part of the green card application process for employment-based permanent residency. Delays or lack of clarity around the timeline can lead to anxiety, planning issues, and disruptions for both employers and employees. In this article, we’ll explore what ETA 9089 is, how the process works, and the most current insights into ETA 9089 processing time as of 2025.
What Is ETA 9089?
Purpose of Form ETA 9089
Form ETA 9089 is submitted to the U.S. Department of Labor (DOL) as part of the PERM labor certification process. This form is used by employers who wish to sponsor a foreign national for permanent residency (green card) under certain employment-based visa categories (like EB-2 and EB-3). It verifies that:
-
There are no qualified U.S. workers willing, able, or available to take the position.
-
Hiring a foreign worker will not negatively affect the wages or working conditions of U.S. workers.
Why Processing Time Matters
Because Form ETA 9089 is the first step in the green card process for employment-based immigration, delays at this stage can affect the overall green card timeline significantly. Understanding the ETA 9089 processing time allows both employers and employees to plan accordingly.
Current ETA 9089 Processing Time in 2025
Standard Processing Timeline
As of mid-2025, the ETA 9089 processing time for standard (non-audited) cases typically ranges between 6 to 8 months. However, this timeframe is subject to change based on:
-
Volume of applications
-
Policy changes at the DOL
-
Employer compliance history
Audited Cases
If your case is selected for an audit, which can happen randomly or due to inconsistencies or red flags, the ETA 9089 processing time may increase to 12 months or more. An audit does not mean the application will be denied, but it does extend the review process significantly.
Factors That Impact ETA 9089 Processing Time
1. Case Complexity
More complex job roles, niche industries, or multiple worksite locations can lead to additional scrutiny. The more straightforward your case, the faster it’s likely to be processed.
2. Employer History
Employers with a strong record of compliance and previous PERM approvals tend to experience fewer delays, while those with inconsistencies or prior denials may face closer examination, impacting the ETA 9089 processing time.
3. Prevailing Wage Determination (PWD) Timing
Although not directly part of ETA 9089, the Prevailing Wage Determination must be completed before submitting the form. The PWD process can take 2 to 3 months, and any delays here affect the overall PERM timeline.
4. Filing Method
In 2023, the Department of Labor transitioned the PERM process to an online platform called FLAG (Foreign Labor Application Gateway). While this aims to streamline applications, initial hiccups with the new system affected processing times. By 2025, the platform is more stable, but delays can still occur if forms are not filled accurately or if technical issues arise.
Tips to Reduce ETA 9089 Processing Time
1. Double-Check All Information
Incorrect or inconsistent information is a major cause of delays. Make sure the job title, duties, requirements, and worksite address match throughout all forms and recruitment materials.
2. Work with Experienced Immigration Counsel
An immigration attorney who regularly handles PERM cases can help navigate common pitfalls and ensure your ETA 9089 is prepared for quick review.
3. Monitor Processing Times
The DOL updates its processing times regularly on its website. Employers and employees should check these updates monthly to stay informed of any shifts in timelines.
4. Respond Promptly to DOL Requests
If the Department of Labor requests additional documentation or clarification, respond as quickly and thoroughly as possible. Delays in response can extend your ETA 9089 processing time by weeks or even months.
The Role of Recruitment in ETA 9089 Timeline
Before submitting ETA 9089, employers must complete a recruitment phase to test the U.S. labor market. This process includes:
-
Placing job ads in newspapers and online
-
Posting internal notices
-
Waiting a minimum of 30 days after recruitment before submission
This recruitment period does not count toward the DOL’s ETA 9089 processing time, but it’s an essential part of the overall PERM timeline and can take up to 60–90 days on its own.
What Happens After ETA 9089 Is Approved?
Once the ETA 9089 is certified by the DOL:
-
The employer receives an electronic copy via the FLAG system.
-
The next step is filing Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
-
After I-140 approval, the employee may proceed with Adjustment of Status (Form I-485) or Consular Processing, depending on visa bulletin availability.
While the ETA 9089 approval is a major milestone, it’s just the beginning of the employment-based green card journey.
Can You Expedite ETA 9089 Processing Time?
Currently, the Department of Labor does not offer premium or expedited processing for ETA 9089. Employers and employees must rely on correct preparation and careful timing to avoid unnecessary delays.
Conclusion
Understanding the ETA 9089 processing time is crucial for anyone navigating the PERM labor certification process. While the average processing time in 2025 ranges from 6 to 8 months, several variables can extend or reduce this window. By planning ahead, submitting complete and accurate documentation, and working with experienced legal counsel, employers and foreign workers can minimize delays and move confidently through this important step in the green card process.