PERM Processing Time: Latest Update in 2024

PERM: A Brief Overview

The Department of Labor (DOL) is responsible for handling Permanent Labor Certification and also manages the Foreign Labor Certification process. PERM labor certification needs to be completed by certain Employment-Based Green Card applicants prior to filing their I-140 employment based immigration visa application with USCIS. The purpose behind this procedure is to established that no qualified U.S. workers are available to fill the position required. DOL provides an online system for filing PERM.

The Four Stages of PERM Processing

The PERM process is divided into four key steps and it’s essential to understand these for a successful result. These are:

1) Job creation;

2) Prevailing wage determination;

3) Labor market testing, and

4) PERM application via ETA 9089.

Each stage of the PERM process plays an integral role in securing PERM approval. So let’s take a look at the details of each stage and why they matter.

PERM Step 1: Job Creation

The PERM process begins by identifying the fundamental elements of the job being sponsored - Job title, responsibilities, educational qualifications needed for completion of duties, experience and training necessary for fulfillment and how many people it includes managing. All components should be clear regarding position requirements before continuing with filling out forms. Work with your immigration attorney to identity each of these components.

Creating a comprehensive yet precise task outline is vital as insufficient detail may result in delays or even rejections in the PERM process afterwards. Thus, employers must invest their time properly into formulating an exact representation of expected tasks corresponding with each point listed on PERM guidelines.

Average perm processing time for this step: 1 month.

PERM Step 2: Prevailing Wage Determination

The PERM process includes obtaining a Prevailing Wage Determination (PWD) from the Department of Labor (DOL). The PWD is the minimum wage rate that an employer must offer for the position being filled by a foreign worker. This wage rate needs to be fair, both for protecting the rights of foreign workers and also ensuring that there is integrity in our country’s labor market. PWD processing time is usually 6-8 months for non-union positions or 10 months for union positions. Employers should factor in the time it takes to obtain the PWD when planning their recruitment and advertising efforts for the PERM process. It is important to ensure that the offered wage meets or exceeds the prevailing wage, as failure to do so can result in denial of the PERM application. So bear this timing in mind as you continue making progress during your PERM processing procedures.

Average PWD processing time: 6 to 10 months.

September PWD processing time: Approximately 8 months.

PERM Step 3: Labor Market Test and Conduct Recruitment

The PERM process requires employers to conduct a labor market test, which serves as protection against any qualified American workers being able to apply for the job. Employers are obliged to follow certain recruitment steps, including placing ads with state workforce agencies over thirty days. Publishing in local newspaper on two consecutive Sundays and announcing at worksite for ten consecutive days. The employer must carefully follow the recruitment requirements outlined by the DOL, and ensure that all job seekers are given a fair and equal opportunity to apply for the position. The processing time for recruitment can vary depending on the nature of the job and the response from potential applicants. It can take around 3 to 12 months for the whole process to complete. Employers should factor in the time it takes to complete the recruitment process when planning their PERM application timeline, and work closely with their legal counsel to ensure compliance with all recruitment requirements. Keep an accurate list of recruitment report throughout this process.

Average perm processing time for this step: 2 to 6 months. (Depends on employer speed).

PERM Step 4: PERM Labor Certification using ETA Form 9089

Once the mandatory period of identifying a suitable U.S. based worker for any job has expired, employers and their attorney are required to file the ETA Form 9089 electronically through DOL’s website. An accurate completion and timely submission of this application is necessary as any negligence could delay or even lead to denials by the Department of Labor.

What is ETA 9089?

The ETA 9089 form is the primary document used for the Permanent Labor Certification, which is a prerequisite for certain foreign workers seeking permanent employment in the U.S. Essentially, it confirms there are no qualified U.S. workers available for the job in question, and therefore, a foreign worker must be hired.

Factors Influencing ETA 9089 Processing Time

The ETA 9089 processing time can vary based on several factors:

1. Backlogs: Like many immigration processes, there can be backlogs at the Department of Labor (DOL), which can extend processing times.

2. Accuracy of the Application: Mistakes or omissions can result in a request for further Information (RFI) or even denial, both of which can extend the processing time.

3. Audit Requests: Sometimes, the DOL may audit an application, which can add several months to the processing time.

Average ETA 9089 Processing Time

While the processing time can vary, as of July 2023, ETA 9089 processing time is about 311 days. If the application is auditETA 9089 processing time could take 498 days. Refer to the official DOL website or consult with an immigration attorney for the most current processing times.

Average perm processing time for this step: 311 - 498 days.

Navigating PERM Audits

A PERM audit is a request for additional documentation and information from the Department of Labor (DOL) regarding a submitted PERM application. The purpose of the audit is to ensure that the employer has followed all recruitment and advertising requirements and that the job opportunity was properly offered to U.S. workers before sponsoring a foreign worker for permanent residence. The audit may request additional information about the job duties, required qualifications, recruitment process, and documentation related to the foreign worker's education and work experience. The employer typically has 30 days to respond to the audit request with the requested documentation, and failure to respond or inadequate response can result in the denial of the PERM application. PERM audits are a routine part of the green card application process and are conducted randomly or based on specific criteria determined by the DOL. It is important to be aware of and prepare for PERM audits, as they can affect both approval rate and processing time. About 30% of all applications are chosen at random for audit through the Department of Labor’s Permanent Case Management System. The audit process seeks to detect fraud by analyzing job postings and employer documents.

How does the PERM audit process impact the overall PERM Processing Time?

On average, the audit review can take anywhere from 6 months to over a year. It's essential to note that the audit process is in addition to the standard processing time for a PERM application, which can also range from a few months to a year. Therefore, in the case of a PERM audit, employers and applicants should be prepared for adding an additional 6 months to the process at the minimum.

2024 PERM Processing Time: What to Expect

The Department of Labor (DOL) provides an up-to-date list on its website regarding current average PERM processing time for ETA 9089 applications, which take six to twelve months. The duration may increase depending on complexity or volume of submissions and resource availability.

In July 2023, DOL will be publishing PWDs applicable to certain PERM prevailing wage requests submitted in January 2023 (OES).

Factors Affecting PERM Processing Time

The number of applications received is one of the primary factors that can affect PERM processing time in 2023. In recent years, the DOL has experienced an increase in the number of PERM applications received, leading to longer processing times.

Changes in regulations or policy can also impact the processing time for PERM applications. The DOL may need to adjust its procedures to comply with new rules, which can result in longer processing time.

Staffing levels at the DOL can also impact processing time. In 2023, the DOL may face staffing shortages due to retirement or other factors, which can slow down the processing of applications.

The PERM application processing time has seen a delay due to an influx of H-2A/H-2B filings and the implementation of 2018 Standard Occupational Classification. This, along with other factors, has resulted in longer PERM processing time for employers and applicants alike.

How to Check PERM Status Online

Checking the status of your PERM application (often associated with the ETA 9089 form) online is straightforward. The U.S. Department of Labor's Office of Foreign Labor Certification (OFLC) provides an online portal known as the PERM Case Status Check. To access the status of your application:

1. Visit the OFLC's iCERT Visa Portal System.

2. Navigate to the section labeled "PERM & PWD Processing Times".

3. Here, you can enter your case number, which typically starts with the letter "A" followed by a series of numbers.

4. Once you've entered your case number, you'll be presented with the current status of your application.

Keep in mind that while this tool provides the status, it doesn't give detailed reasons for any delays or issues. If you notice extended delays or have concerns about your application status, it might be prudent to consult with your immigration attorney.

What Happens After PERM Approval?

After obtaining PERM approval, the next step in the Green Card process is to file an I-140 request with United States Citizenship and Immigration Services (USCIS) so that you can be classified as an Immigrant Worker. The priority date for PERM applications under this program corresponds to when ETA Form 9089 was received by DOL. It usually takes about 3-4 months for these petitions to go through processing. If one chooses premium processing, they will obtain results within 2 weeks instead of waiting longer periods of time.

Avoiding PERM Denials: Common Pitfalls

Employers must take care to remain aware of common pitfalls and best practices when dealing with PERM denials. A crucial element is formulating exhaustive and accurate job duties that meets all regulatory criteria defined by the process. Employers should demonstrate financial capability for paying employees their due wage rate while documenting each step in advertising and recruitment efforts conducted during market testing processes. This helps ensure compliance transparency throughout the whole procedure.

How Much does PERM Cost?

When it comes to the PERM process, employers should consider all associated fees and costs involved. Employers will be responsible for paying the attorney fees and government filing fees. Any expenses incurred by the employer in relation to this process, such as advertisement fee and recruitment fees must also be taken into account as well. Optional premium processing can accelerate average perm processing time.

Tips for a Smooth PERM Process

Navigating the PERM process can be difficult, but it is possible to make things easier by taking expert advice. Obtain expert advice as early as the job creation stage, as getting a Green Card through employment greatly depends on having an adequate job description that meets all requirements set forth by employment regulations at the very beginning of the process. To ensure best results without making critical mistakes and to keep up with latest news regarding what works best, hire an experienced immigration attorney for this process.

Summary for PERM Processing Time

To ensure a successful Green Card application through employment, the PERM process needs to be well understood. All stakeholders should remain up-to-date on its various stages, processing times and factors that may impact it. Doing so leads to an efficient experience which can culminate in achieving approval for this necessary step towards acquiring permanent residence status in the US.

Frequently Asked Questions

What is the current PERM processing wait time?

On average, the DOL is estimating that PERM processing will take between six and twelve months depending on its priority date. As of now, adjudication for such applications are taking about 300 days while audits clock in at 450 days.

How long does PERM process take in 2023?

In June 2023, PERM processing time averaged around 300 days for adjudication and 450 days for audit review. It is anticipated that those applications submitted in February of this year will take between eight to nine months total before being fully processed. Cases under inspection may need a slightly longer timeline closer to twelve months until completion. In any case, it is safe to assume the regular overall period from application submission through finalizing should be reasonable with due diligence taken into account during every step of the process.

How long does it take to get I-140 after PERM approval?

Once PERM is approved, applicants may file the I-140. If I-140 is filed with premium processing then it will take 15 days. If not, regular processing can take more than 10 months.

About the Author:

Toni Xu is an immigration attorney who helps businesses and immigrants navigate their employment based immigration needs.