When it comes to getting a green card through a job in the U.S., it is crucial to know how long it takes for the Department of Labor (DOL) to review your PERM application. The PERM process is the first step in this journey, and it’s managed by the DOL. This blog includes the factors that influence PERM processing times and tips for managing these processing times.
What is PERM Processing Time?
PERM processing time is the time the DOL takes 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 offered to the foreign worker and also ensuring that the hiring of the foreign worker will not adversely affect job opportunities of U.S. workers.
Understanding Current PERM Processing Timelines
The workload of the DOL is something that can have an influence on the PERM processing times as processing time can vary significantly based on the workload at the DOL processing center handling the application and any potential backlog of cases. On average, PERM processing times can range from several months to over a year.
PERM Processing Times (as of 3/31/2024)
| Processing Queue | Priority Date |
| Analyst Review | March 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | May 2022 |
The dates listed above show when cases were filed and are currently under review. The Reconsideration Request to the CO date indicates when appealed cases are being assessed. For further information, visit the U.S. Department of Labor website.
Factors Affecting PERM Processing Time
The following are the factors that can influence PERM processing times.
- The complexity of the case plays an important role and complex cases may require additional scrutiny, leading to longer processing times.
- Delays in obtaining a prevailing wage determination from the DOL can extend overall DOL PERM processing times.
- Random audits or specific triggers identified by the DOL may result in additional processing time as the application undergoes further review.
- Processing delays can occur during periods of high application volume or when processing centers of the DOL experience resource constraints.
Tips for Managing PERM Processing Time
Employers and foreign workers can take proactive steps to manage PERM processing time effectively.
- In order to avoid delays, they can begin the PERM application process well in advance to account for potential processing delays.
- Supporting documentation plays and important role, which is why they must ensure all documentation submitted with the PERM application is accurate, complete, and in compliance with DOL requirements. This will help minimize the risk of processing delays due to requests for additional information.
- It is crucial to keep track of processing times and stay informed about updates on DOL processing times and any changes to immigration regulations that may impact the PERM process.
- Consider seeking guidance from experienced immigration attorneys or consultants familiar with the PERM process to navigate potential challenges and streamline the application process.
Conclusion
Understanding how long it takes for the Department of Labor (DOL) to process PERM applications is crucial for employers and foreign workers. By understanding the current timelines and factors that affect processing times, they can plan ahead and navigate the immigration process more smoothly. With careful planning and proactive strategies, they can achieve their employment-based immigration goals more effectively.
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