PERM Statistics for FY2011 and Current PERM Processing Times – Significant Increase in PERM Filings; Decrease in PERM Audit Times

The Office of Foreign Labor Certification (OFLC) at the Department of Labor (DOL) has released selected statistics about the processing of PERM labor certification cases.   The statistics and the numbers cover the first eight months of Fiscal Year 2011 – between October 2010 and May 2011.

Total Applications Received

It is interesting to note that for the relevant period, there were 45,000 PERM applications filed.   According  to DOL, the number of FY2011 filings represents a significant 63% increase over PERM filings compared to FY2010.  The vast majority, 43,179 were filed electronically and 1,905 were mailed-in.

Education Level

DOL provides a breakdown of the education level of active PERM cases.   Since DOL counts only active, under review cases, the baseline number is a total of 22,200 PERM cases.   Out of these active cases, 37% require a bachelor’s degree, 37% require a master’s degree, 4% require a doctorate degree, with the balance distributed among Associate degree, High School, Other or no degree requirement (yes, it is possible to file a PERM for such cases, and they represent 12% of the active PERM cases).

Processing Status

DOL also provides a breakdown of the processing status of active PERM cases.   As of May 31, 2011, these cases were 22,200 and 44% of them were in Analyst Review stage, 29% were in Audit, 24% were in Appeal, and 3% were in Sponsorship/Backlog Elimination stage.

Current PERM Processing Times

The processing times, as reported by DOL as of June 27, 2011, are as follows:

• Regular processing: April 2011.  DOL is processing PERM applications with priority dates of April of 2011.  This suggests that there is a slight delay in the regular PERM processing.   Accordingly, regular PERM processing times should be between three and four months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.
• Audited applications: November 2010.  DOL is processing PERM audits which have a priority date of November 2010.  This is a very notable improvement in this category in comparison to prior months.   In comparison with the April 2011 PERM report, this category’s processing time has advanced (improved) by a net of eleven (11) months from December 2009 to November 2010.   Accordingly, audited PERM applications are processed approximately 7 months after the initial PERM was filed and the priority date established.  We welcome this sign of improvement in PERM audit processing times.
• Appealed applications: November 2008.  DOL is processing PERM appeals which have a priority date of November 2008.   There is no change in this category in comparison to prior months.   Accordingly, PERM appeals are processed approximately 30 months after the initial PERM was filed and its priority date established.
• “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue (see above for processing times).

Conclusion

We continue to praise DOL as it has done a terrific job in eliminating the PERM backlog to 3-4 months and, more significantly, the audit backlog from 20+ months to 7 months.   We also note that the DOL OFLC statistics report suggests a significant (63%) increase in new PERM filings.   As a result, we expect that regular PERM processing times increase over the coming months.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.