Complete Guide & Expert Insights PERM Processing Time
The Program Electronic Review Management (PERM) process is a critical pathway for employers in the United States seeking to hire foreign nationals on a permanent basis. It involves a series of steps designed to ensure that hiring a foreign worker will not disadvantage U.S. workers. As the first step towards obtaining an employment-based green card, the PERM timeline process requires employers to demonstrate that there are no willing, able, qualified, and available U.S. workers to fill the position offered to a foreign national. The Department of Labor (DOL) oversees this process, which includes tasks like prevailing wage determination and recruitment efforts.
PERM Processing Time Estimator
Importance in U.S. Immigration and Employment
The PERM process is a cornerstone in the U.S. immigration system, especially for employment-based immigration. It balances the needs of U.S. employers and the protection of the U.S. labor market. Understanding the PERM process is crucial for both employers planning to sponsor foreign nationals and for individuals seeking permanent employment opportunities in the U.S.
Focus on Understanding and Navigating PERM Processing Times
This article aims to demystify PERM processing times, providing insights into current trends, factors affecting processing times, and practical advice for navigating the process efficiently. With this knowledge, applicants and employers can plan more effectively and mitigate potential delays in the immigration process.
What is PERM Processing Time?
“PERM processing time” refers to the duration from the filing of a PERM application to the decision made by the DOL. This time frame is crucial as it impacts the overall timeline for obtaining a green card. It’s the period during which the DOL reviews the application to ensure compliance with all the legal requirements.
PERM current processing time (as of 11/30/2023)
|
Processing Queue |
OEWS Receipt Datei |
Non-OEWS Receipt Datei |
|
CW-1 |
October 2023 |
– |
|
H-1B |
April 2023 |
February 2023 |
|
H-2B |
October 2023 |
September 2023 |
|
PERM |
April 2023 |
February 2023 |
|
Redeterminations |
H-1B: June 2023 PERM: May 2023 |
|
|
Center Director Reviews |
CW-1: None Pending H-1B: None Pending H-2B: July 2023 PERM: September 2023 |
|
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2022 |
| Audit Review | August 2022 |
| Reconsideration Request to the CO | February 2023 |
Comparative Analysis of PERM Processing Timelines from 2019 to 2023
| Year | Normal Processing Time (months) | Audit Processing Time (months) | Explanation |
|---|---|---|---|
| 2019 | 7.0 | 12 | In 2019, the normal processing time for PERM applications was relatively quicker, averaging 7 months. However, applications undergoing audit took significantly longer, averaging 12 months. |
| 2020 | 8.0 | 13 | In 2020, a slight increase in processing times was observed, likely influenced by factors such as policy changes or application volume. Normal processing averaged 8 months, while audit processing extended to 13 months. |
| 2021 | 9.0 | 14 | The trend of increasing processing times continued in 2021, with normal processing reaching 9 months and audit processing taking 14 months, possibly due to continued changes in immigration policies or system updates. |
| 2022 | 9.5 | 15 | By 2022, there was a further incremental increase, with normal processing times averaging 9.5 months and audit processing times averaging 15 months, reflecting ongoing adjustments and potential increases in application volume. |
| 2023 | 10.0 | 16 | As of 2023, the processing times have further increased, with normal processing taking about 10 months and audit processing extending to 16 months, indicating ongoing challenges and complexities in processing PERM applications. |
Relevance to Applicants and Employers
For applicants, understanding PERM processing time is essential for planning their career and stay in the U.S. For employers, it influences recruitment strategies and workforce planning. Delays in processing can affect business operations and the applicant’s legal status in the U.S.
Importance of Staying Updated with Current PERM Processing Time
Staying informed about current PERM processing times is critical due to its variability. Factors such as policy changes, application volume, and administrative shifts can alter processing times significantly. Keeping abreast of these changes helps in setting realistic expectations and making informed decisions.
What is the Current PERM Processing Time?
As of late 2023, the average processing time for a PERM application is approximately 6-12 months. This range, however, varies depending on whether the application is undergoing normal processing (around 10 months and 7 days) or audit processing (around 16 months and 13 days).
Current PERM Processing Times
| Processing Type | Processing Time | Currently Processing Applications From | DOL Update Date | Last Checked |
|---|---|---|---|---|
| PERM (Normal) | 10 months, 22 days | Nov 2022 | Oct 01, 2023 | December 2023 |
| PERM (Audit) | 16 months, 4 days | Jul 2022 | Oct 01, 2023 | December 2023 |
Latest Statistics on Current PERM Processing Times and Variations
These processing times can fluctuate based on several factors, including the volume of applications received and changes in government policies. Such variations necessitate regular monitoring for the most current information.
Evolution of Processing Times Over Recent Months and Years
The PERM processing times have seen changes over recent years, influenced by shifts in immigration policies, application volumes, and operational modifications within the DOL. Understanding these trends is vital for both employers and foreign nationals navigating the PERM process.
Factors Affecting PERM Processing Time
Understanding what influences the duration of PERM processing is essential for employers and applicants. Several key factors play a role in determining how long the process will take.
What Influences the Duration of PERM Processing?
The time it takes to process a PERM application can be affected by a variety of factors, including but not limited to:
Application Volume
One of the most significant factors affecting PERM processing times is the volume of applications received by the Department of Labor. An increase in application submissions often leads to longer processing times. In recent years, there has been a notable uptick in the number of PERM applications filed, adding strain to the processing system.
Government Policies and System Changes
Changes in immigration policies and updates to processing systems can also impact PERM processing times. For example, in June 2023, the Department of Labor transitioned its PERM application filing process from the legacy PERM portal to the Foreign Labor Application Gateway (FLAG) system. Such transitions can lead to initial delays as the new system phases in.
Impact of Increased Audit Requests
The rate of “random” audit requests by the Department of Labor has increased, significantly affecting processing times. If an application is selected for an audit, this can add several months to the overall processing time. The purpose of these audits is to ensure the integrity and compliance of the PERM process.
Detailed Look at Different Aspects of PERM Processing
A thorough understanding of each stage in the PERM process helps in managing expectations and planning accordingly.
1. PERM Application Processing Time: Typical Timelines and Stages
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2022 |
| Audit Review | August 2022 |
| Reconsideration Request to the CO | February 2023 |
The PERM application processing time involves several stages, starting with the filing of the application itself. This is followed by a prevailing wage determination, which, as of September 2023, is expected to take around 172 days. After this, the recruitment and application review processes take place.
2. PERM Audit Procedures and Impact on Processing Time
An audit involves a more detailed review of the PERM application and supporting documents. This stage is crucial for ensuring that the employer has met all the requirements and that the job opportunity is genuinely open to U.S. workers. The audit process can add significant time to the overall PERM processing timeline.
3. PERM Labor Certification Processing Time
The labor certification is a key component of the PERM process, affirming that there are no qualified U.S. workers available for the job and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The timeline for this process can vary based on the specifics of each case.
4. Green Card PERM Processing Time
Linking PERM processing to the broader green card application timeline is crucial for a comprehensive understanding of the path to U.S. permanent residency.
Role in the Green Card Timeline
The PERM process is the first major step in obtaining an employment-based green card. Once the PERM labor certification is approved, the employer can file an immigrant petition (Form I-140) on behalf of the foreign worker. The time taken to process PERM applications directly impacts the subsequent stages, including the adjustment of status (Form I-485) or consular processing for the green card.
Strategies to Manage PERM Processing Delays
Navigating and mitigating delays in the PERM processing times is essential for both applicants and employers.
Tips for Applicants and Employers
- Early Preparation: Start the PERM process as early as possible to account for potential delays.
- Stay Informed: Regularly check for updates on processing times and policy changes.
- Accurate and Complete Documentation: Ensure all documents are accurate and complete to avoid unnecessary delays or audits.
- Regular Communication: Maintain open lines of communication between the employer, the employee, and legal counsel.
Role of Legal and Immigration Advisors
Legal and immigration advisors play a pivotal role in navigating the PERM process. They can provide expertise on current laws, help with documentation, and offer strategies to handle complexities, including responding to audits and Requests for Evidence (RFEs).
Summary of Key Points
The PERM processing time is a variable yet pivotal aspect of the U.S. immigration system, impacting employers and foreign nationals seeking employment-based green cards. Understanding the factors that affect processing times, the different stages involved, and strategies to manage delays is essential for successful navigation of this process.
Importance of Staying Informed
Staying updated with the latest PERM processing times and related immigration policies is vital for planning and decision-making. Regular engagement with legal and immigration professionals can provide valuable guidance and insights, ensuring a smoother journey towards employment-based permanent residency in the United States.
FAQs on PERM Processing Time
What is the Current PERM Processing Time?
As of late 2023, the average processing time for a PERM application ranges from 6 to 12 months. Normal processing averages around 10 months and 7 days, while audit processing can extend to approximately 16 months and 13 days. However, these times can vary based on factors like application volume, policy changes, and system updates.
How Can Applicants Expedite PERM Processing?
While there is no official expedite process for PERM applications, certain practices can help in avoiding delays:
- Early and Accurate Filing: Ensure that the application is complete and error-free to prevent delays related to corrections or audits.
- Stay Informed: Keep abreast of any changes in the process or required documentation.
- Consult with Professionals: Work with experienced immigration attorneys or advisors who can provide guidance and help navigate the process efficiently.
What Are Common Reasons for Delays in PERM Processing?
Delays in PERM processing can be attributed to various factors:
- High Volume of Applications: A surge in the number of applications can slow down the processing times.
- Audits: Being selected for an audit significantly increases processing time.
- Errors in Applications: Mistakes or missing information in the application can lead to additional review time or Requests for Evidence (RFEs).
- Policy Changes: Adjustments in immigration policies or procedures can cause disruptions in the processing timeline.
Additional Resources:
For the most current and detailed information on PERM processing times and related topics, the following official websites and resources are invaluable:
- U.S. Department of Labor (DOL) – Foreign Labor Certification Data Center: flcdatacenter.com
- Provides PERM current processing times and prevailing wage information.
- U.S. Citizenship and Immigration Services (USCIS): uscis.gov
- Offers information on subsequent stages of the green card process following PERM approval time.
- Office of Foreign Labor Certification (OFLC) Performance Data: foreignlaborcert.doleta.gov/performancedata.cfm
- Includes detailed statistics and data on PERM processing.
Regularly visiting these sites ensures access to the most up-to-date information, helping applicants and employers stay informed and prepared for each stage of the PERM process.
Common Questions About PERM Processing Time and Procedures
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Is PERM the First Step in the US Green Card Process? Yes, PERM is the first step in the US green card process. It is required for H1B (EB2, EB3) and L work visa applicants based on their ETA 9089 processing time filing with the Department of Labor (DOL).
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Does USCIS Process PERM? No, USCIS does not process PERM. The PERM process is handled by the DOL.
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Can I Apply for PERM in Premium Processing? There is no premium processing available for the PERM application. However, premium processing is available for the i140 application, which can speed up filing the 7th-year H1B extension if you are nearing your maximum allowed time.
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How to Contact DOL if PERM is Delayed? Your employer can contact the DOL Helpdesk at [email protected] for a status update on the application. Employees cannot directly call the DOL to check PERM status.
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What Visas Require the Prevailing Wage Determination and PERM Approval? Nearly all employment-based visa applications require PERM prevailing wage determination. It’s advised to get the Prevailing Wage Determination (PWD) prior to starting the recruitment process for visas like H-1B, H-1B1, E-2, E-3, and L.
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How is the PERM Prevailing Wage Determined? The DOL uses the Online Wage Library, based on the Occupational Employment Statistics survey, to determine the PERM prevailing wage. Factors considered include the location of work, skill set, education level, experience, and required supervision.
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What is the Current ETA 9098 Processing Time? In 2023, the fastest PERM processing time (including job ad, prevailing wage determination, and I-140 with Premium Processing) is approximately 1 year, 3 months, and 28 days. If the I-140 is in regular processing, the total timeline extends to about 1 year, 11 months, and 3 days.
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How Much Does the PERM Cost? There is no filing fee for the ETA 9089 form used in the PERM process. However, employers may incur costs associated with posting job advertisements during the recruitment process.
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Is There Any Way to Get Around the PERM Process? Certain situations do not require an employer to obtain a PERM. All three categories of the EB-1 green card, for instance, do not require PERM. For the EB-2 category, a National Interest Waiver can be sought to avoid the PERM requirement.
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How Long Does an Approved PERM Labor Certification Stay Valid? A PERM labor certification remains valid for up to 180 days after its approval. The I-140 must be filed while the certification is still valid.
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Does a Part-Time Job Qualify for a Green Card PERM Application? No, an employer can only file a PERM labor certification application on behalf of a full-time, permanent worker.