
- The Program Electronic Review Management (PERM) labor certification is a mandatory step for most employment-based green card applicants.
- The total PERM processing time as of 2025 ranges from 16 months to over 2 years, depending on case-specific factors like audits and backlogs.
- Although the update and the use of online filing may eventually improve things, most immigration experts agree that the wait will be long until 2025 and beyond.
For foreign nationals seeking permanent residency through employment in the United States, the PERM labor certification process is one of the most important and time-sensitive steps.
It is not only a gateway to obtaining an employment-based green card but also a legally complex and lengthy procedure managed by the U.S. Department of Labor (DOL).
As of August 2025, the average PERM processing timelines ranges from 16 months to over 2 years, depending on case-specific factors such as audits, employer compliance, and backlogs.
This delay in the PERM processing time creates challenges for both employers trying to fill critical roles and foreign workers whose immigration status depends on timely approval.
In this article, I will explain:
- What is the PERM Processing time?
- The PERM processing stages.
- Why do delays occur in PERM processing time?
Additionally, I will also highlight why these timelines are crucial for planning both business operations and immigration strategies. So, if these are some of the things that you want to know, keep on reading this blog till the end…
What Is PERM Labor Certification?
The Program Electronic Review Management (PERM) labor certification is a mandatory step for most employment-based green card applicants (particularly EB-2 and EB-3 categories).
The PERM process requires the employer to prove two things:
- There are no qualified U.S. workers available for the position being offered.
- Hiring a foreign national will not negatively impact the wages or working conditions of U.S. workers.
The PERM application is filed using Form ETA 9089 with the DOL. Once approved, the employer can move forward with the I-140 Immigrant Petition filed with U.S. Citizenship and Immigration Services (USCIS).
But who really needs PERM? According to the Manifest Law, some of the “employment-based Green Card categories” need to have this certification. This is necessary for categories like:
- EB-2 (advanced degree or exceptional ability)
- EB-3 (professional and skilled worker).
Who is Exempt?
• EB-1 (priority workers, such as multinational managers, outstanding professors, or extraordinary ability applicants).
• EB-2 National Interest Waiver (NIW) applicants.
Read Also: EB-5 Visa Lawyer: The BEST Immigration Lawyer for Investors?
What Are The Stages Of The PERM Process?
When it comes to the PERM processing time, it generally involves three major steps, each with its own timeline. These are:
Stage | Timeline |
Prevailing Wage Determination (PWD) | 6 to 7 months |
Employer Recruitment Efforts | 60 to 90 days |
PERM Application | 496 days (~16.5 months) |
1. Prevailing Wage Determination (PWD)
The average timeline of this stage is somewhere around 6 to 7 months. In most cases, applicants have seen that there is a possible delay. This generally ranges over a year if the DOL requires further review.
The major purpose of this stage is that the DOL sets the minimum wage the employer must pay the foreign worker to ensure fair compensation.
2. Employer Recruitment Efforts
It generally takes from 60 to 90 days for this second stage. For this step, the employer must advertise the position to U.S. workers through multiple channels, including:
- Internal postings.
- State workforce agencies.
- Newspaper ads.
The primary goal of this stage is to demonstrate that no qualified U.S. worker is available for the role.
3. ETA Form 9089 (PERM Application) [Analyst Review]
Finally, there comes the stage where the applicants need to wait for a review of their application form. The average timeline for this stage is about 496 days (~16.5 months) for standard cases.
As of July 2025, the DOL is reviewing cases filed in April 2024. This is the longest stage of the process, often contributing to overall delays.
What Causes Delays and Complications in PERM Processing Time?
While it is true that there is a fixed timeline preset for PERM to follow, that rarely happens. There are several things that can slow down the processing time of the PERM certification. Some of the major factors that cause this delay are as follows:
Audits
Randomly chosen cases may undergo audits, or a case may be flagged because of a few issues in the application. On average, more than 486 additional days.
During this, employers will be asked to submit recruitment documentation, which may cause a further delay in the approval process.
Backlogs
As of 2025, there is already an enormous amount of pending applications in the queue, especially those submitted from late 2024 to mid-2025.
The backlogs are a result of the high demand for green cards and the limited number of DOL staff.
Employer Mistakes
Over and over again, employers make the following mistakes: they don’t include recruitment documentation in the application; they write job descriptions that are not accurate; and they request the wrong prevailing wage for a job.
Consequence: Denials of cases, audits, and re-filings, all of which lead to an increase in PERM processing times.
External Factors
Finally, there are several external factors that also lead to such a delay. These include:
- Government understaffing.
- Changes in policy influencing the labor certification guidelines.
Additionally, fluctuations in the economy also have an impact on the number of applications being filed. Which in turn causes a delay.
Can You Expedite The Perm Processing?
The Labor Department, on its part, does not facilitate premium processing or a fast-track procedure for PERM applications.
However, there could be rare situations when an employer or an applicant might think of filing a writ of mandamus in a federal court due to an excessive delay in the case.
Jeelani Law states that this lawsuit requests the court to direct the DOL to proceed with the application, but it is generally a last resort only if the delay is well beyond the normal processing times and no other solutions have worked.
It is very important to check with an experienced immigration lawyer before taking this step, as the attorney will be the one to weigh the chances of success and the possible risks.
In most cases, proper strategizing, punctuality in every stage, and the truthful fulfillment of requirements are still the means of getting through the process without unnecessary delays.
Read Also: IR6 Green Card: Understanding Spousal Residency Rights In The U.S
Why Is PERM Processing Time Important?
The DoL PERM processing time is important to several people for several reasons. Here’s what you need to know:
1. For Employers
- Workforce planning: The long processing time means that employers may find themselves without the necessary staff.
- Cost implications: Expenses increase due to recruitment, legal fees, and the business that is put on hold because of the delayed onboarding.
- Compliance risks: Mistakes or delays may result in employers being uncompliant without realizing it.
2. For Foreign Workers
- Immigration uncertainty: Delays extend the time for permanent residency.
- Visa status concerns: Those who are on temporary visas, such as H-1B, might expire while waiting for PERM approval.
- Family impact: Those who are on H-4 visas may find that the authorization for work and green card eligibility are delayed.
Post-PERM Steps And How Long It Takes
Even after PERM certification, the green card journey isn’t complete.
1. I-140 Petition (Immigrant Petition for Alien Worker):
• Timeline: 8 to 12 months with regular processing.
• Premium processing: 15 days for eligible cases.
2. Adjustment of Status (Form I-485):
• Depends on the Visa Bulletin, which can add months to years.
• In total, the journey from PERM filing to receiving a green card can take 3 to 5 years.
Future Outlook: Will PERM Processing Time Improve?
The Department of Labor (DOL) has admitted to the backlog on its side but has not yet outlined a tangible resolution plan.
Although the update and the use of online filing may eventually improve things, most immigration experts agree that the wait will be long until 2025 and beyond.
In the meantime, employers and foreign workers are advised to think ahead, plan for the worst delays, and handle their paperwork with great care so as to reduce the chances of rejection or facing difficulties in case of an audit.
The PERM labor certification is a major milestone in the U.S. employment-based green card journey.
Yet, the backlog seems to have turned this process into a 16-month to 2 year waiting or even longer nightmare, and post-PERM steps like I-140 and Adjustment of Status are not considered.
Such a timeline for employers implies an influence on the recruitment and staff planning. For foreign workers, it results in an unstable position concerning their stay and future life in the country.
The primary solution to addressing these issues is being prepared, adhering to all the rules, demonstrating patience, and staying informed about the latest DOL announcements.
0 Reply
No comments yet.