Perm Processing: DOL Updates & Your Green Card Journey - Explained

20 May, 2025

Are you navigating the intricate labyrinth of U.S. immigration, specifically the PERM Labor Certification process? Understanding the nuances of processing times and potential delays is crucial to effectively manage your expectations and strategy. This article delves into the intricacies of PERM, offering insights into the current landscape, potential pitfalls, and strategies for informed decision-making.

The PERM (Program Electronic Review Management) Labor Certification process is a critical step for many foreign workers seeking to obtain a green card through employment in the United States. It involves a series of steps designed to ensure that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers. The Department of Labor (DOL) oversees this process, and understanding their procedures and timelines is essential for both employers and prospective employees.

Here is a table that showcases the important aspect of the PERM process and it's related information:

Aspect	Details	Relevant Dates/Times
Prevailing Wage Determination (PWD) Request	The employer initiates the process by filing a request with the DOL via its FLAG website. This determines the prevailing wage for the position.
PERM Application Filing	Once the PWD is received and recruitment efforts are completed, the employer files the PERM application (Form 9089) with the DOL.
DOL Processing Times (as of December 01, 2024)	Updated processing times for both PWD and PERM applications have been issued by the DOL.	PWD and PERM application processing times as of December 01, 2024
DOL Processing Times (as of November 26, 2024)	Updated processing times for PERM applications has been issued by the DOL.	PERM application processing times as of November 26, 2024
DOL Processing Times (as of July 01, 2024)	Updated processing times for PERM applications and PWD	PERM and PWD application processing times as of July 01, 2024
PERM Processing Time Definition	The time the DOL takes to adjudicate a labor certification application submitted by an employer on behalf of a foreign worker.
Adjudication Processing Time (February 2024)	By the end of February, the average PERM processing time for adjudication was 401 days.	February 2024
Audit Review Processing Time (February 2024)	The average processing time for audit review was 505 days, 25 days longer than the previous month.	February 2024
Potential Delays	Processing times may vary depending on material facts, individual circumstances, and whether the application is selected for audit.
PERM Approval Validity	Once approved, PERM labor certification is valid for 180 days.	180 days from the approval date
Priority Date	The date when the PERM application is filed. It's crucial and affects the green card process.
Impact of Employer Change	Leaving the current employer while the new PERM process is ongoing could result in losing the current priority date.

The Department of Labor (DOL) uses this request to determine and issue the employer a prevailing wage. The DOL has been issuing updated processing times, with the most recent updates as of December 01, 2024, for both Prevailing Wage Determinations (PWD) and PERM applications. Moreover, the DOL issued updates on November 26, 2024, specifically for PERM applications, underscoring the dynamic nature of these timelines. Understanding these processing times is key for applicants and employers alike.

PERM processing times are the duration it takes the DOL to adjudicate a labor certification application submitted by an employer on behalf of a foreign worker. This process involves verifying that there are no qualified U.S. workers available to fill the position and ensuring the hiring of the foreign worker will not negatively impact the wages and working conditions of U.S. workers. These dates reflect the time required to process applications, and it is important to note that actual processing times can vary based on several factors.

The Employment and Training Administration (ETA) at 200 Constitution Ave NW, plays a significant role in this process. The Office of Foreign Labor Certification (OFLC) reports the average processing time for all PERM applications for the most recent month. This data is vital for understanding trends and predicting potential timelines.

The PERM approval timelines can vary significantly. This variation can depend on multiple factors, including the processing center, workload, and any additional requests for information. Employers should be prepared for potential delays, particularly if their application is selected for audit or if there are issues with the accuracy of the information provided.

For example, if 489 days for the 30% percentile, it means that 30% of approved cases in the past 30 days have been pending for 489 days or less. This excludes approvals of audited cases. Even if the process is audited and it takes a long time before you see a decision, you may still be approved.

Once your PERM labor certification is approved, the employer can move forward with the green card process. This is a significant milestone. If your PERM application does not get audited or denied, and the application is approved, then you will have enough time. PERM approval means it has been approved and is valid for 180 days from the date of approval.

To verify PERM approval, work with your employer or attorney to access the DOL FLAG system. Check processing times, compare your priority date, and monitor status updates. Standard cases take around 14 months, with audits requiring over 16 months. Employees generally can't directly access statuses, so maintaining communication with your employer for updates is crucial.

If the PERM process restarts, your priority date should remain the same as long as the new application is submitted within 180 days of the original PERM approval.

It's important to clarify your questions with your company. Consider a career in HVAC. It is important to be aware that the employer is required to show that it has the ability to pay the wage offered and that the foreign national possesses the education and experience required for the position.

Exploring detailed PERM processing times and case analysis is possible with comprehensive query tools. Entering your case number allows access to its current status and timeline, and view distributions of cases within the same employer, job title, and submission month. Employees can't directly access statuses, so maintain communication with your employer for updates.

Many individuals who have gone through this process recommend innovative consulting solutions as they filed direct PERM without any advertising.

Remember to check for updated processing times, as these figures change regularly. For example, the DOL issued updated PERM processing times as of July 01, 2024, for both PERM applications and Prevailing Wage Determinations (PWD). Processing times also depend on factors such as the processing center and workload. Furthermore, the case number starts with the letter A to meanthe Atlanta service center. Also, you can check the PERM approvals that are being tracked and use your PERM ETA case number to check your PERM approval status with apps.

Remember that as of November 28, 2024, PERM certifications filed in October 2023 are being processed. There is an option to file a new PERM with a new employer as of November 26, 2024. Also, keep in touch with your employer and seek the right attorney for this process. The case's processing varies due to system changes and case.

The road to a green card through PERM certification is complex. By staying informed, remaining patient, and working closely with your employer and legal counsel, you can navigate this process with greater confidence and increase your chances of a successful outcome. These insights will help you manage your expectations and strategy. It is important to take time to understand the nuances of processing times.

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