• PERM Processing Times

PERM Labor Certification Overview and Processing Times

Our office handles many ETA Form 9089 Permanent Labor Certification (“PERM”) applications and one of the most common questions is what is an overview of the entire PERM process and how long it would take.   Below are are providing what we believe is an accurate and realistic timeline of the PERM process.

Collecting PERM Checklist Items and Drafting PERM Job Profile

We will collect a set of documents and information which will allow us to prepare and share for review the proposed PERM/Green Card job profile.

Approx. 1-4 weeks

Prevailing Wage Determination

Upon approval of the PERM job profile, we will submit a request for prevailing wage determination with the Department of Labor (DOL).

Approx. 6 months.    Trend:

While the PERM steps must be conducted sequentially, there is a possibility of conducting the labor market test/recruitment in parallel with the prevailing wage determination.    We suggest doing so only in very limited circumstances because there are significant risks.   First, the labor market test relies on an offered wage/prevailing wage amount which requires a very good educated guess as to what the prevailing wage may end up being.   Very often this is impossible to do because of the annual indexing each July 1st.  Second, due to the significant discrepancy in the time it takes to get a prevailing wage and to conduct the labor market test/recruitment (and the fact that the recruitment, once conducted, has limited validity),  combining these two steps has to be done very carefully and with a very good timeline and plan.

Labor Market Test/Recruitment Process

We will obtain newspaper ad quotes and will coordinate the entire recruitment/labor market test process including newspaper ad placement, website postings, state workforce agency posting, worksite position announcement, etc.

Approx. 1.5-2 months

'Cooling Off'

A mandatory “cooling off” period after the conclusion of the recruitment process.    We normally use this period to prepare, finalize and obtain review/approval of the PERM filing documents.

Approx. 4-5 weeks

PERM Submission/DOL Review

The PERM Labor Certification is submitted to DOL and undergoes analyst review.

Approx. 13-14 months.   Trend:

No Premium or Expedited Processing Options at DOL

Unfortunately and unlike USCIS, DOL does not have a “premium processing” or another way to expedite a pending application for a prevailing wage or for a pending PERM analyst review.      As a result and as a practical matter, there is no way to expedite any of the steps of the PERM process which makes early planning and flawless execution critical.

Risks of Conducting Recruitment Before the Prevailing Wage Determination is Issued

There are two separate risk factors.  First, the recruitment may be done too early and it may expire by the time the prevailing wage comes back.    This can be managed by coordinating the timing the recruitment carefully with respect to the prevailing wage.    Second, the recruitment has to make (a educated)  guess as to what the prevailing wage will end up being so that the recruitment process uses an offered wage which is more than the anticipated prevailing wage.    While we are able to anticipate the SOC job category and wage level we may be able to get from DOL,  we are unable to guess the prevailing wage amount after it gets indexed and published every July 1st.

Conclusion

One of our office’s core areas of expertise are employment immigration and PERM Labor Certifications.   At any given day we are working on many PERM applications and these processing times are based on our office’s first-hand experience and estimates and not on (stale) government data.   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.

By | Last Updated: March 21st, 2024| Categories: Articles, DOL, News, News Alert, PERM|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

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The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.