PERM processing time is an important consideration for employers and foreign workers pursuing employment-based permanent residency in the United States. The PERM labor certification process is administered by the U.S. Department of Labor (DOL) and is required for many employer-sponsored green card cases.
The timeline is not limited to the time the DOL spends reviewing Form ETA-9089. Before the application can be submitted, the employer generally needs to complete a prevailing wage determination and required recruitment activities. After filing, the application enters the DOL’s processing queue and may be subject to regular analyst review or an audit.
Understanding each stage of the PERM processing time can help employers plan the sponsorship process more realistically. It can also help foreign workers understand why the PERM stage may take longer than expected and why the eventual green card timeline can extend well beyond PERM certification.
What Is PERM Processing Time?
PERM processing time refers to the period required by the U.S. Department of Labor to review and adjudicate an employer’s Application for Permanent Employment Certification, generally submitted through Form ETA-9089.
The PERM program is designed to determine whether qualified U.S. workers are available for a permanent employment opportunity and whether employing a foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.
The term PERM processing time can sometimes confuse because the overall PERM process includes activities that occur before the application reaches the DOL’s adjudication queue.
An employer may need to obtain a prevailing wage determination, complete recruitment, review applicant information, prepare documentation, and submit Form ETA-9089 before the government review period begins.
Therefore, when estimating PERM processing time, it is important to distinguish between the preparation period and the actual DOL adjudication period.
How Long Is the Current PERM Processing Time?
The current PERM processing time changes as the Department of Labor works through its caseload. The DOL publishes processing information through its Foreign Labor Application Gateway, known as FLAG.
The published information indicates of the filing periods currently being reviewed. However, it should not be interpreted as a guaranteed decision date for an individual case.
For example, a processing date published by the DOL indicates the approximate filing period being handled by the agency. It does not mean every application filed during that period will receive a decision on the same day.
The PERM processing time can also differ between cases depending on whether an application remains in analyst review, is selected for audit, or requires another type of review.
Employers should therefore check the latest official DOL processing information when estimating how long a pending application may take.
What Is Included in the Overall PERM Processing Time?
The overall PERM processing time can include several stages, although not all of them are included in the DOL’s published adjudication figure.
The first stage generally involves obtaining a prevailing wage determination. The employer must establish the applicable wage for the permanent position before moving forward with the recruitment process.
The next stage involves recruitment. The employer must complete the recruitment activities required under the PERM regulations and maintain documentation of those activities.
After recruitment is completed, the employer prepares and submits Form ETA-9089 to the DOL. This is the point at which the application enters the government’s adjudication process.
The application may then go through analyst review. If selected for audit, the employer may need to provide additional documentation before the DOL reaches a final determination.
Because of these stages, the total PERM processing time from the beginning of case preparation to certification can be considerably longer than the DOL’s published ETA-9089 processing estimate.
How Prevailing Wage Affects PERM Processing Time
The prevailing wage determination is an important stage that can affect the overall PERM processing time.
Before filing the PERM application, the employer generally requests a prevailing wage determination from the DOL. The determination establishes the applicable wage level for the position based on factors such as occupation, job requirements, and work location.
The time spent waiting for the prevailing wage determination occurs before Form ETA-9089 is filed. As a result, this period is separate from the DOL’s published processing time for submitted PERM applications.
However, it still affects the overall timeline.
If an employer experiences a delay in obtaining the prevailing wage determination, recruitment may also be delayed. Since recruitment generally needs to be completed before the PERM application is submitted, a delay at the wage stage can ultimately push back the filing date.
Employers should therefore consider the prevailing wage stage when estimating their complete PERM processing time, rather than looking only at the government adjudication period.
How Recruitment Can Affect PERM Processing Time
Recruitment is another significant stage before the PERM application can be submitted.
The employer generally must conduct recruitment activities intended to determine whether qualified U.S. workers are available for the permanent position. The requirements can vary depending on whether the position is professional or nonprofessional.
Recruitment information must be handled carefully because the employer may need to demonstrate compliance if the DOL audits the application.
The employer should maintain records relating to advertisements, recruitment activities, applicants, and other required documentation.
Although recruitment occurs before the DOL begins its formal adjudication of the PERM application, it remains part of the overall PERM processing time.
A delay in preparing advertisements, completing recruitment activities, reviewing applicants, or organizing documentation can postpone the eventual filing of Form ETA-9089.
When Does PERM Processing Time Actually Start?
A common question is when PERM processing time actually begins.
The DOL’s adjudication period generally relates to the period after Form ETA-9089 has been submitted for processing. The preceding prevailing wage and recruitment stages are part of the broader PERM process but are not the same as the government’s adjudication period.
This distinction explains why an employer may spend several months preparing a PERM case before the application appears to be moving through the DOL’s processing queue.
When someone quotes a specific PERM timeline, it is important to determine whether the estimate includes only DOL adjudication or the entire process from prevailing wage determination through certification.
For accurate workforce and immigration planning, employers should consider both periods.
How PERM Analyst Review Affects PERM Processing Time
Once Form ETA-9089 has been submitted, the application enters the Department of Labor’s review process. The PERM processing time at this stage depends largely on the agency’s workload, application volume, and the review process assigned to the case.
During analyst review, the DOL evaluates the information provided by the employer and determines whether the application meets the requirements of the permanent labor certification program.
The agency may approve the application, deny it, select it for audit, or take another appropriate action depending on the circumstances.
The published PERM processing time is a general indication of the agency’s workload rather than a guaranteed decision date for an individual application. Two applications submitted around the same time may not necessarily receive decisions at exactly the same time.
Employers should compare their filing date with the latest DOL processing information when estimating their PERM processing time. If a case remains pending, the published processing dates can help determine whether it is within the general processing range.
Does a PERM Audit Increase PERM Processing Time?
A PERM audit can affect the overall PERM processing time because it introduces an additional review stage.
The Department of Labor may select a PERM application for audit and request additional documentation from the employer. The requested materials can relate to recruitment, the job opportunity, employer records, or other aspects of the labor certification application.
An audit does not automatically mean that the application will be denied. It means that the DOL requires additional information or review before reaching a final determination.
The effect of an audit on PERM processing time varies depending on the case, the documentation requested, the employer’s response, and the agency’s workload.
Employers can prepare for potential audit-related delays by maintaining complete records throughout the PERM process. Organized documentation can make it easier to respond to a DOL request within the applicable deadline.
Why Can PERM Processing Time Take So Long?
Long PERM processing time can result from several factors.
One major factor is the volume of applications being processed by the Department of Labor. When the agency has a large caseload, applications can remain in the processing queue for an extended period.
The complexity of individual cases can also affect processing. Positions involving specialized requirements, unusual qualifications, multiple work locations, or other complicated circumstances may require additional review.
Audits can further affect the timeline because the employer may need to provide additional documentation and the DOL must conduct another level of review.
Another issue is that government processing times are not fixed. The DOL’s workload and processing capacity can change, meaning that an estimate published several months ago may no longer accurately represent the current PERM processing time.
For this reason, employers should use current official DOL data when planning immigration cases.
How Can Employers Reduce PERM Processing Time Delays?
Employers cannot directly control the DOL’s processing queue, but they can reduce avoidable delays during case preparation.
The job description should accurately represent the permanent position. Minimum education, experience, skills, and other requirements should be reviewed before recruitment begins.
The prevailing wage information should also be checked carefully. The offered wage must satisfy the applicable requirements for the position.
Recruitment should be completed according to the relevant PERM requirements, and the employer should retain appropriate records.
Before submitting Form ETA-9089, the employer should review the application for consistency and accuracy. Information in the application should correspond with the recruitment documentation and the actual job opportunity.
These steps cannot guarantee a shorter PERM processing time, but they can help prevent unnecessary complications caused by errors, inconsistencies, or incomplete documentation.
What Happens After PERM Approval?
Once the DOL approves the PERM application, the PERM processing time for that labor certification stage has ended. However, the employment-based green card process continues.
For many PERM-based cases, the employer’s next major step is filing Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
The certified labor certification has a limited validity period, so the employer must submit it to USCIS within the required timeframe.
The end of the PERM processing time does not mean that the foreign worker will immediately receive permanent residency. The remaining timeline can depend on the I-140 process, employment-based preference category, priority date, visa availability, and whether the worker completes the final stage through adjustment of status or consular processing.
PERM should therefore be viewed as one stage within the larger employment-based immigration process.
PERM Processing Time vs. I-140 Processing Time
PERM and Form I-140 are separate immigration stages handled by different federal agencies.
The Department of Labor handles PERM labor certification, while USCIS handles the I-140 immigrant petition.
This distinction matters when calculating the overall immigration timeline. Completing the PERM processing time does not mean that the I-140 petition has been approved.
For example, an employer may receive PERM certification and then submit the certified labor certification with Form I-140. USCIS will then process the immigrant petition according to the applicable procedures and processing options.
Visa availability can also affect what happens after the I-140 stage.
As a result, the PERM processing time should be treated as one component of the employment-based green card timeline rather than the complete waiting period.
How PERM Processing Time Affects Employers
The PERM processing time can have a significant impact on employer workforce planning.
Employers sponsoring foreign workers should understand that labor certification can require a substantial commitment of time before the employee reaches later stages of the green card process.
A lengthy PERM timeline may affect hiring plans, succession planning, and decisions concerning immigration sponsorship.
Employers should also maintain consistency in the sponsored position throughout the process. Significant changes to job duties, requirements, compensation, or work location can potentially create immigration complications.
Human resources teams, hiring managers, and immigration counsel should coordinate when managing PERM-sponsored positions.
Planning early can be particularly important when the employee’s current immigration status or work authorization has separate expiration dates.
How PERM Processing Time Affects Foreign Workers
Foreign workers often pay close attention to PERM processing time because certification is an important milestone in many employment-based green card cases.
A longer PERM timeline can delay the employer’s ability to move to the I-140 stage when PERM certification is required.
However, the effect varies depending on the worker’s individual circumstances. Employment-based preference category, priority date, country of chargeability, current immigration status, and visa availability can all affect the broader immigration timeline.
Foreign workers should therefore avoid estimating their final green card date using PERM processing time alone.
The PERM filing date can also be important because it may establish the priority date used later in the employment-based immigration process.
Common Mistakes That Can Cause PERM Processing Time Delays
Several mistakes can create unnecessary complications and potentially affect PERM processing time.
One common problem is inconsistency between recruitment materials and Form ETA-9089. The job title, duties, minimum requirements, work location, and other important details should accurately reflect the permanent position.
Incomplete recruitment documentation can also cause problems. Employers should maintain appropriate records showing that the required recruitment activities were completed according to applicable PERM requirements.
Incorrect wage information is another potential issue. The employer should carefully review the prevailing wage determination and confirm that the offered wage satisfies the applicable requirements before submitting the application.
Errors in Form ETA-9089 can also affect PERM processing time if they lead to additional scrutiny or other complications. A detailed review before submission can help identify inconsistencies before the application enters the DOL processing queue.
Employers should also maintain supporting documentation throughout the process. Good preparation cannot guarantee a faster PERM processing time, but it can reduce avoidable issues that may complicate the application.
How to Check Your PERM Processing Time
The Department of Labor’s Foreign Labor Application Gateway is the primary source for current PERM processing time information.
The DOL periodically publishes information showing the approximate filing periods currently being reviewed. Employers can compare the published processing information with the filing date of their application.
If the application has been pending considerably longer than the relevant processing period, the employer or authorized representative may consider checking the case status or contacting the appropriate DOL office when permitted.
However, published processing information should not be treated as an exact decision date.
The PERM processing time shown by the DOL represents a general processing trend based on the agency’s current workload. Individual applications can take different amounts of time.
Conclusion
PERM processing time is a significant part of the employment-based green card process, but it represents only one portion of the overall immigration timeline.
The complete process can involve prevailing wage determination, recruitment, ETA-9089 preparation and filing, DOL analyst review, and potentially an audit. Each stage can affect the time required to reach PERM certification.
Because government processing queues change, employers and foreign workers should avoid relying on a fixed number of months. The latest DOL processing information provides a better basis for estimating the current PERM processing time.
Accurate preparation, complete recruitment records, appropriate wage information, and careful review of Form ETA-9089 can help reduce avoidable complications. Once PERM is approved, the employer must also move forward with the next immigration stage within the applicable timeframe.
For case-specific questions about PERM processing time, eligibility, or employment-based immigration strategy, consulting a qualified U.S. immigration attorney is appropriate.
Frequently Asked Questions
What is the average PERM processing time?
The average PERM processing time changes over time as the DOL processes its caseload. The official FLAG processing-time page should be checked for the latest figures rather than relying on an older estimate.
Does PERM processing time include recruitment?
No. The DOL’s PERM adjudication processing time generally refers to the period after the ETA-9089 application is submitted for processing. Prevailing wage determination and recruitment occur before the PERM application is filed and should be calculated separately.
Can an audit make PERM processing time longer?
Yes. An audit adds a review stage and may require the employer to submit supporting documentation. The actual effect on the timeline depends on the case and the DOL’s workload.
Can employers request faster PERM processing?
PERM does not have the same premium-processing mechanism available for certain USCIS petitions. Employers should focus on accurate preparation, proper recruitment, complete documentation, and timely responses to government requests.
What happens after the PERM application is approved?
After PERM certification, the employer generally proceeds with Form I-140 through USCIS when a labor certification is required. The certified labor certification has a 180-day validity period and must be submitted to USCIS within that period.
