For HR teams and employers hiring via PERM under EB-2 and EB-3. This post-shutdown guide explains what happened in 10/2025, how to re-sequence PWD → recruitment → ETA-9089, and how to avoid SOC/location bottlenecks.
Use the links above to jump between sections. Timelines reflect post-shutdown realities with 2026 deadlines in mind.
What exactly broke in October 2025 — and why it matters for PERM/PWD
The federal shutdown paused core OFLC/FLAG operations: submissions and adjudications for Prevailing Wage Determinations (PWD) and PERM (ETA-9089). When systems came back, they did so with a backlog and limited “catch-up windows.”
— Timeline gaps: recruitment windows, PWD, and response deadlines shifted; some deadlines received time-limited extensions.
— Backlog pressure: early weeks post-restart saw higher-than-normal load, lengthening PWD/PERM queues temporarily.
— Continuity risk: multi-role/multi-site projects drifted out of sync, increasing odds of re-recruitment or wage level updates.
Bottom line: plan 2026 with a recovery period in mind, leveraging extensions and re-synchronizing PWD → recruitment → ETA-9089 → I-140/I-485.
2026 priorities: accelerate PWD, avoid recruitment gaps, file ETA-9089 cleanly
1) PWD is the critical path. Re-start PWD on priority roles immediately; add buffer for elevated OFLC load in 2026 Q1–Q2.
2) Keep recruitment contiguous. Prepare short/long ad templates and backup channels so you minimize lag from PWD to ads.
3) ETA-9089 by checklist. Align SOC, location, wage level, and recruitment dates to avoid re-filing or RFI/audit.
4) Bridge to USCIS. Plan I-140/I-485 in parallel; 80th-percentile timing varies by service center.
How to pick SOC/locations without creating bottlenecks
1) SOC must match the job content. Duties/requirements should naturally fit the target SOC and level to reduce audit/RFI risk.
2) Validate local wage levels early. PWD may raise comp. If budget is tight, evaluate nearby sites within the same metro with comparable talent access.
3) Diversify hiring zones across roles. Don’t funnel all cases into one area; spread across 2–3 justified locations to reduce correlated delays.
4) Consider employer competition. Heavy H-1B/tech hubs react more. A “satellite” location can sometimes be smarter.
5) Seasonality & media windows. Avoid holiday weeks; keep short/long ad templates ready for rapid re-posting.
6) EB-2 vs EB-3. EB-2 often implies higher requirements/wages; EB-3 is more sensitive to local labor supply.
7) Document “why here.” A brief internal memo on SOC/location choice speeds RFI responses and maintains consistency.
8) Sync to USCIS. Plan the USCIS window so service-center seasonality doesn’t stall you.
90-day employer checklist
- Refresh role map: SOC, locations, wage tiers, budget, real duties.
- Start/refresh PWD on critical roles; assign owners and SLAs.
- Prepare two ad templates (long/short) + backup outlets.
- Align JD with target SOC; remove marketing fluff.
- Publish in waves to balance team load.
- Journal everything: dates, screenshots, resumes, reasons for rejection.
- Draft “business necessity” where duties exceed typical SOC scope.
- Assemble ETA-9089 sections (employer, recruitment, wage, duties).
- Submit in batches as ready—don’t wait for a single mega-date.
- Double-check recruitment dates, wage level, and signatures.
- Run a brief post-mortem for each file and update templates.
- Pre-align with USCIS plans for I-140/AOS.
- Decide on Premium Processing for strategic cases.
- Weekly dashboard: PWD age, % ads on-time, time to ETA-9089, RFI/audit rate.
- Refresh buffers based on latest OFLC/USCIS updates.
- Quarterly risk report for leadership with bottlenecks and mitigations.
Common mistakes and how to avoid them
Mistake 1: Treating PWD as non-critical. Fix: launch PWD in parallel on priority roles; track monthly updates; build buffer.
Mistake 2: Posting ads too late. Fix: templates ready (two lengths); backup outlets; calendar of “clean” weeks.
Mistake 3: Vague duties vs SOC. Fix: write duties tied to real tools/stack; keep the JD aligned to the chosen SOC.
Mistake 4: One location for all cases. Fix: diversify hiring zones where business-justified.
Mistake 5: Unsynced dates/docs. Fix: unified log for publications/responses; screenshots; checklists.
Mistake 6: Ignoring USCIS window. Fix: plan I-140/I-485 in parallel; account for service-center variability.
Scheduling & metrics: staying on course in 2026
Track monthly: PWD age (days), % ads posted on-schedule, time to ETA-9089 after ads, % cases filed to USCIS on plan, RFI/audit rate. Keep buffer time and re-evaluate with OFLC/USCIS updates.
PWD
- Start on priority roles; align JD ↔ SOC/location; record rationale.
- Check OFLC processing updates monthly.
- Add +2–4 weeks buffer in 2026 Q1–Q2 (elevated load).
- High load → consider alternate locations; start earlier.
Recruitment
- Two ad templates (long/short) + backup outlets; log screenshots/responses.
- Publish in waves to balance workload.
- Start immediately after PWD; minimize lag.
- Seasonality/holidays → keep alternate dates and channels.
ETA-9089
- Double-check recruitment dates, wage, signatures; keep JD ↔ SOC consistent.
- File in batches as ready—don’t wait for a single date.
- Right after recruitment window closes and evidence is compiled.
- Form errors → checklists + second-reviewer sign-off.
USCIS (I-140 / I-485)
- Plan by public USCIS timings; decide on Premium; account for inter-center moves.
- Use the 80th percentile for your form/center.
- Center variability → keep deadline and communication reserve.
- OFLC operations restored after shutdown (Oct 31, 2025): flag.dol.gov/announcement/2025-10-31
- Current processing times (PERM, PWD): flag.dol.gov/processingtimes
- USCIS Processing Times (80% methodology): egov.uscis.gov/processing-times/
- Methodology details: …/more-info
- OFLC extensions & emergency procedures overview: AILA
- DOL/OFLC restoration summary: National Law Review
