PERM Filing Statistics and Current PERM Processing Times (February 15, 2012)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of February 15, 2012.

PERM Processing Statistics

DOL has provided some useful statistics on the number of PERM cases processed for the FY2012 fiscal year (starting October 1, 2011) until February 15, 2012.   During this period, DOL has received 17,700 cases (in comparison, DOL had received 13,000 PERM applications as of January 6, 2012, suggesting a rate of approximately 800 PERM applications filed every week, at least for the past few weeks).

During this period, the government has also processed 16,555 PERM cases.  This suggests that DOL is more or less keeping up with the rate of filings and further suggesting that there should not be major change in the regular PERM processing times in the short term (see below for the current PERM processing times).   Out of the 16,555 PERM cases processed so far this fiscal year, 12,350 were certified, 3,312 were denied and 893 were withdrawn.    Out of the 24,400 “active” PERM cases as of February 15, 2012, about 60% were at analyst review, 26% were at audit review and 8% were on appeal.

Current PERM Processing Times

Most notable is the slight delay in the processing time for regular PERM applications — to approximately four months.  The processing times, as reported by DOL, are as follows:

• Regular processing: October 2011.  DOL is processing PERM applications with priority dates in October of 2011.  There is slight delay (of one month) in the processing times, compared to the January 2012 report.  Accordingly, regular PERM processing times should be around three to four months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.
• Audited applications: June 2011.  DOL is processing PERM audits which have a priority date of June 2011.  There is improvement (of one month) in the date for this type, suggesting that PERM audits should take a month less than previously.  Accordingly, audited PERM applications are processed approximately eight to nine months after the initial PERM was filed and the priority date established.
• Appealed applications (requests for reconsideration): August 2010.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which have a priority date of August 2010.   There is notable improvement in this category in comparison to prior months.   Comparing with the January 2012 report, this category has improved the processing time by four months.   Accordingly, PERM requests for reconsideration are processed approximately 16-18 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

The February 2012 PERM processing times report shows a very delay in the regular and appealed PERM processing times, while there is a slight improvement in the audited PERM processing times.   We hope that DOL would be able to continue to improve the PERM processing times over the next weeks and months.  We also hope the improvements in PERM audit and appeal processing times would continue in the spring.

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.