Is ETA Form 9089 Important for Nurses?

 Tanya Freedman, CEO Connetics USA Nursing Recruiting Agency: How long does the ETA 9089 Take to be audited?

Atty. Mike Hammond: So the ETA 9089 is a document that is associated with the perm green card process that is not really relevant in the RN context or the PT context. But it's relevant for other healthcare workers, such as med techs, CNAs, etc. The audit comes in after the permits are filed with the government with the Department of Labor. They've reviewed the case and they have questions about their audit is similar to the USCIS RFP. It can also be an audit based on randomness, there's just a certain number. One of the ways they audit cases is if there is a high unemployment rate of a particular worker class in geography where you filed your case. So they want to know why how your employer could prove that they have demonstrated a lack of qualified workers which is part of the perm process. In such economic conditions, when you get an audit, in a perm case, there's a limit of 30 days to respond to that they do not have the extra 60 COVID days that the USCIS has that Chris talked about.

So it's 30 days to respond. And then after the case is responded to, we'll see some back in three or four months if it was something fairly simple. If it's extensive, you could wait for eight, or nine more months for an audit case, but we've not seen anything in quite a while over a year. So I would say under a year. Keep in mind, the priority date is retained. Throughout that because your project is established when your permit is filed. And generally speaking, if you're doing a perm case, unless you're doing it for CNAs. If you're a med tech or OET in the US, you're already in the US you're already working on an h1. So it's inconvenient that your case has been audited, but there's nothing you can do about it other than simply way you cannot file a new case while in cases under audit.