Latest PERM Processing Times (2024): DOL Updates & Trends

Are you navigating the complex world of U.S. Department of Labor (DOL) PERM labor certification, or Permanent Labor Certification? Understanding the current processing times is not just advisable; it's absolutely crucial for both employers and prospective employees hoping to build a future in the United States.

The landscape of PERM processing is constantly shifting, impacted by a variety of factors that dictate the pace at which applications are reviewed and decisions are made. As of the most recent updates, the DOL is diligently working through a significant backlog of applications. This is the reality for anyone seeking to obtain a permanent labor certification. This article aims to demystify the current state of affairs, providing insights into the current processing times, the challenges involved, and what steps you can take to stay informed and prepared.

The Department of Labor (DOL) plays a critical role in the United States' immigration system, specifically through its administration of the PERM labor certification process. This process is a cornerstone for many foreign-born individuals seeking to obtain a green card based on employment. It ensures that the employment of foreign workers does not adversely affect the wages and working conditions of U.S. workers.

The PERM process involves several key steps. First, an employer must test the U.S. labor market to determine if there are any qualified and available U.S. workers for the position. This involves advertising the job opening and considering any qualified applicants. The employer then files a PERM application with the DOL, providing details about the job, the foreign worker, and the recruitment efforts. The DOL reviews the application to ensure compliance with regulations. If approved, the employer can then file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The final step is adjusting the status of the foreign worker to a permanent resident, assuming all other requirements are met.

The current processing times are essential because they directly influence the timelines of an individual's immigration journey. For employers, delayed processing can impact their ability to fill crucial positions and can cause business disruptions. For employees, the waiting period can create uncertainty and necessitate maintaining a legal non-immigrant status in the U.S. during the application process. The longer the processing time, the more likely it is that individuals will experience prolonged periods of uncertainty regarding their ability to work and live in the U.S. and may involve additional expenses for maintaining non-immigrant visa statuses, such as H-1B or L-1.

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The impact of audits further complicates the process. When an application is selected for an audit, the processing time can increase significantly, in some cases adding many months to the wait. Audits are triggered when the DOL has questions or concerns about the application. This could be due to inconsistencies in the documentation, issues related to the prevailing wage, or any number of factors. It is therefore crucial that employers and employees ensure that all documentation is accurate, complete, and fully compliant with all DOL requirements.

The PERM process is not static. It is subject to ongoing changes driven by evolving economic conditions, policy adjustments, and the volume of applications received by the DOL. The DOL frequently updates its processing times, so it's imperative for employers and applicants to check the latest information and be aware of any developments. Also, it is crucial for applicants and their legal representatives to be diligent in preparing and submitting their applications and responsive to any inquiries from the DOL. Careful preparation, attention to detail, and proactive communication with the DOL can help mitigate delays.

Several factors influence the DOLs workload, including staffing levels, technological capabilities, and the number of applications received. The accuracy and completeness of each application also have a significant impact on processing times. Applications that are well-prepared, with all required documentation and details, typically experience quicker processing than those with errors or omissions. The selection of an application for an audit also has a major effect on timelines, potentially increasing the processing time significantly.

As of November 26, 2024, the DOL was processing PERM applications filed in August 2023. This means that if your PERM application was filed after that date, you should anticipate a waiting period. The historical data from August 1, 2024, shows that the average PERM adjudication time was 407 days, and the average processing time for audit review was 565 days. The processing times for audit review cases generally take much longer.

Employers and applicants have a variety of tools to stay informed about the status of their applications and the broader processing trends. The DOL website provides monthly updates on average processing times, which can be used to assess how long your application might take to process. There are also third-party resources that provide analytical tools that estimate processing times based on the type of application, the date of filing, and other factors. Entering your PERM case number on the DOL website will allow you to check the status and view data trends.

The DOL has consistently issued updated PERM processing times. For example, updated times were released on June 01, 2024, July 01, 2024, August 01, 2024, October 15, 2024, and other dates. These updates underscore the importance of frequently checking the DOL website for the most current information. Staying up-to-date ensures that stakeholders are prepared and have realistic expectations about the processing of their applications.

The impact of audits on processing times is substantial. The longer processing times for audited cases can be a significant challenge for employers and employees. Cases under audit review may need to provide additional documentation or clarification, which extends the overall timeline. As of September 1, 2024, the DOL was conducting analyst reviews of PERM applications filed on or before August 2023 and audit reviews of cases filed on or before December 2022.

When preparing a PERM application, attention to detail is paramount. All required forms and documents must be completed accurately and thoroughly. Employers should provide comprehensive information about the job duties, the qualifications of the foreign worker, and the wage offered. Any discrepancies or incomplete information can lead to delays and even denials. Its essential to ensure the prevailing wage determination is accurate and that all recruitment efforts meet DOL standards.

The web page from which this information is derived explains the current processing times, the impact on employers and employees, and the possible alternatives to the PERM process, as the process can be extremely stressful.

The figures provided by the DOL are rounded and based on data submitted by employers. The Office of Foreign Labor Certification (OFLC) provides these updates. Actual processing times for each employer's PERM application may vary depending on the specific circumstances and the completeness of the individual case. The DOL is also reviewing reconsideration requests to the certifying officers that were appealed on or before February. The department issued updated PERM processing times as of October 15, 2024, for PERM applications and prevailing wage determination (PWD).

The labor department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests, ensuring that stakeholders have access to the latest information.

As of November 1, 2024, the department was adjudicating PERM applications filed in September 2023 and earlier and reviewing appeals for reconsideration filed in July 2024 and earlier. The DOL is continually working to reduce processing times and address the existing backlog.

In summary, the PERM process is a critical component of the employment-based green card system in the United States. Understanding the current processing times, being aware of the factors that influence processing, and staying informed about updates from the DOL are crucial steps for both employers and applicants.