The PERM labor certification is the first and foundational step in most employment-based green card processes. Knowing how long each stage takes is essential for both employers and foreign workers to plan ahead effectively.
Currently, the Department of Labor (DOL) takes about 13-16 months (processing times vary and are subject to change) to process standard PERM applications. However, this estimate doesn't include the prevailing wage determination phase, which adds several more months to the overall timeline.
Given these extended timelines, it’s more important than ever to stay updated with the latest PERM processing times in 2025 and effective strategies to minimize the delay.
Key Takeaways:
- Overview of how the PERM labor certification process works and why it matters for employment-based green cards.
- Current PERM processing times in 2025 and what to expect at each stage.
- Key factors causing processing delays and how to avoid common mistakes.
- Strategies to prevent additional delays and improve petition success.
What is PERM Labor Certification?
PERM (Program Electronic Review Management) is the system that the Department of Labor uses to process labor certification applications. This certification is required for EB-2 and EB-3 employment-based green cards.
Note: The employer (and not the foreign worker) must obtain the PERM labor certification as a part of the green card application process.
The PERM process confirms that:
- No qualified U.S. workers are able and available to fill the position.
- Hiring a foreign worker won't harm the wages and working conditions of similar U.S. workers.
- The employer has completed all required recruitment steps.
- The job offer is real and permanent.
After approval, the PERM certification allows employers to file an immigrant petition (Form I-140) with USCIS, moving the foreign worker toward permanent residency.
Which Green Card Categories Require PERM?
Not all employment-based green card categories require labor certification. Here's a breakdown of which pathways require PERM:
Categories Requiring PERM:
- EB-2 Advanced Degree - For positions requiring an advanced degree (except National Interest Waiver cases).
- EB-2 Exceptional Ability - For those with exceptional ability in sciences, arts, or business (except National Interest Waiver cases).
- EB-3 Professional - For positions requiring a bachelor's degree.
- EB-3 Skilled Worker - For positions requiring at least two years of training or experience.
- EB-3 Other Worker - For positions requiring less than two years of training or experience.
Categories Not Requiring PERM:
- EB-1 - For extraordinary ability, outstanding professors/researchers, and multinational managers/executives.
- EB-2 National Interest Waiver - For those whose work is in the national interest.
- EB-4 - For special immigrants, including religious workers.
- EB-5 - For immigrant investors.
PERM Processing Timeline for Each Stage
The complete PERM process involves multiple stages that contribute to the total time from initiation to certification. Here’s a complete breakdown of the processing timelines for each stage of the process:
Stage 1: Prevailing Wage Determination (5-6 months)
This initial step requires obtaining an official wage determination from the DOL's National Prevailing Wage Center.
Key tasks during this stage:
- Employer action: Prepare a detailed job description with minimum requirements.
- Employer action: File ETA Form 9141 (Prevailing Wage Determination request form) with the DOL.
- Recruitment: Labor market test. Involves advertising the job to U.S. workers in the area of intended employment and reviewing applications received
- Waiting period: Allow 5-6 months for DOL review and issuance of the determination.
Here are some actions you should take during the prevailing wage determination stage:
- Job description preparation - Create a detailed, accurate job description that reflects genuine business needs rather than tailoring it to a specific candidate's profile.
- Requirement justification - Document business justification for any special requirements, especially if they exceed what's typical for the position in your industry.
- Market research - Use ONET (Occupational Information Network) and official Department of Labor wage data to understand what job classification and wage level the DOL is likely to assign based on your job duties and requirements.
- Form completion accuracy - Double-check all information on Form 9141 for accuracy, as errors can lead to rejections or inappropriate wage determinations.
- Early submission - File your prevailing wage request as early as possible, understanding that this 5-6 month period is separate from the main PERM processing time.
Stage 2: Recruitment Period (2-3 months)
After receiving the wage determination, employers must test the labor market to demonstrate that no qualified U.S. workers are available.
Requirements include:
- Employer action: Place a job order with the state workforce agency for 30 consecutive days.
- Employer action: Publish two Sunday newspaper advertisements with the newspaper of general circulation in the area of intended employment.
- Employer action: Post a notice of filing at the worksite for 10 business days.
- Employer action: For professional positions, conduct three additional recruitment steps from a list of options provided by DOL.
- Waiting period: Observe a mandatory 30-day waiting period (also known as “cooling off period” or “quiet period”) after the last recruitment step before filing PERM.
During the recruitment phase, take these actions to strengthen your PERM application:
- Recruitment timeline planning - Create a detailed recruitment schedule that allows sufficient time for each required step while ensuring no gaps in documentation.
- Advertisement content consistency - Maintain consistent job descriptions across all recruitment platforms that match exactly with what will be filed on the PERM application.
- Applicant tracking system - Implement a thorough system to document all applicants, their qualifications, interview notes, and specific job-related reasons for rejection.
- Notice of filing documentation - Take dated photographs of the posted notice and obtain signed statements confirming the posting dates and locations.
- U.S. worker evaluation - Conduct and document good-faith interviews with qualified U.S. applicants, keeping detailed notes on why each candidate does or doesn't meet the position requirements.
- Comply with wage transparency laws - Ensure all job postings meet state and local pay rules where required.
Stage 3: PERM Application Processing (15-16 months)
Once recruitment is complete, the employer files ETA Form 9089 (the actual PERM Labor Certification Application) with the Department of Labor.
Possible outcomes include:
- Approval: Application is certified without additional review.
- Audit: DOL requests additional documentation (adds 3-6 months).
- Denial: Application is rejected (with options for appeal or refiling).
While your application is being processed by the DOL, here are critical actions to take:
- Maintain status documentation - Ensure the foreign worker maintains valid immigration status throughout the lengthy processing period, keeping all documentation organized and accessible.
- Employment consistency - Avoid significant changes to the foreign worker's job duties, location, or terms of employment that could invalidate the PERM application.
- Regular case monitoring - Check the status of your case regularly through the DOL's FLAG system and set calendar reminders for potential response deadlines.
- Audit preparation - Prepare an audit file and recruitment report in advance containing all recruitment documentation, applicant evaluations, and business necessity justifications for quick response if audited.
- Immigration backup planning - Develop contingency plans for maintaining lawful status if processing extends beyond expected timeframes or current visa validity.
Stage 4: Post-PERM Steps
After PERM approval, additional steps are required to complete the green card process:
- Employer action: File Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
- Waiting period: Wait for visa availability based on priority date, category, and country of birth.
- Employee action: If priority date current - File Form I-485 (Application to Register Permanent Residence or Adjust Status) if in the US or proceed with consular processing (if abroad).
Once your PERM application is approved, take these important next steps:
- Timely I-140 filing - Submit the I-140 petition within 180 days of PERM approval to avoid expiration of the labor certification.
- Premium processing consideration - Evaluate whether paying for premium processing of the I-140 petition (when available) makes strategic sense for your timeline and circumstances.
- Priority date monitoring - Track visa bulletin movement for your category and country of birth to anticipate when you can file for adjustment of status or consular processing.
- Documentation preparation - Gather required documents for the next phase, including financial records, medical exam results, and supporting evidence for the I-485 or consular application.
- Legal status maintenance - Continue maintaining valid nonimmigrant status while waiting for priority date to become current, unless eligible for adjustment of status filing.
Factors Affecting PERM Processing Delays
Long processing times for PERM labor certification result from several key factors. Understanding these causes helps employers and foreign workers take proactive steps to avoid avoidable delays and prepare accurate filings.
1. High Application Volume
A growing number of PERM applications are submitted each month, outpacing the Department of Labor's ability to process them within a reasonable timeframe. This consistent backlog increases wait times for both initial reviews and audits.
Tip: Begin the PERM process well in advance of any visa expiration to account for unpredictable delays caused by high filing volumes.
2. Staff Shortages at the Department of Labor
Limited staffing at the DOL continues to affect the speed of PERM case reviews. Despite hiring efforts, the volume of applications remains higher than what current staffing levels can manage efficiently.
Note: Periodic updates from the DOL on processing times reflect staffing constraints. Checking these updates regularly helps adjust planning timelines.
3. Case Complexities and Non-Standard Job Details
Applications involving complex job requirements or unusual elements often take longer for review. These include:
- Special skill requirements - Jobs requiring unusual combinations of skills or knowledge face more intensive review.
- Language requirements - Positions with foreign language requirements must demonstrate business necessity.
- Familial relationships - Cases where the foreign worker is related to business owners receive extra scrutiny.
- Ownership interest - Foreign workers with ownership stakes in the sponsoring company face additional review.
Tip: Provide detailed justifications for any special job requirements in the recruitment process. Supporting documentation should clearly explain why these qualifications are necessary for the role.
4. Technical Issues With the Filing System
The DOL's online FLAG system, used for PERM submissions, occasionally faces technical problems. System outages, maintenance updates, or data entry errors can temporarily halt application progress.
Note: Save confirmation receipts and submission records immediately after filing. Monitor the FLAG system for maintenance alerts to avoid missed deadlines.
5. Audit Factors and their Impact on Processing Time
Certain issues frequently trigger audits, adding several months to the processing timeline. Common audit issues include:
- Tailored requirements - Job requirements that appear specifically designed to match the foreign worker's qualifications.
- Unjustified language needs - Foreign language requirements without a clear business justification.
- Same-employer experience - Experience gained with the same employer is used as qualifying experience.
- Ownership concerns - Significant ownership by the foreign worker in the sponsoring company.
Tip: Conduct a careful internal review of recruitment documentation before filing. Ensuring the job description accurately reflects market requirements helps reduce the risk of an audit.
Strategies to Minimize PERM Delays
While PERM processing timelines are largely outside an applicant's control, certain preventable issues can add months to an already lengthy process. Understanding how to avoid common pitfalls can help keep your application on the most efficient path possible and prevent unnecessary delays that extend beyond the standard processing time.
Keep Complete Documentation
Maintain thorough records of all recruitment activities:
- All job postings and advertisements used during the recruitment process.
- Resumes received and detailed reasons for rejecting each candidate.
- Interview notes documenting all candidate evaluations.
- Recruitment summary report explaining the entire hiring process.
Avoid Common Filing Mistakes
Be careful with:
- Job requirements that match the foreign worker's background too closely.
- Educational requirements beyond what's normal for the position.
- Experience gained with the same employer.
- Family relationships between the applicant and the business owners.
Other Effective Strategies
- Work with PERM Experts - Experienced immigration attorneys help avoid problems that lead to audits or denials.
- Start Early - Begin the PERM process well before visa expiration dates to provide buffer time.
- Check Case Status Regularly - Monitor your case through the DOL's FLAG system and respond quickly to any requests.
If the PERM timeline seems too long for your situation, you might also want to consider these other immigration options.
Alternative Paths when Facing Long PERM Delays
Long processing times for PERM labor certification can impact green card timelines. When delays affect planning, alternative immigration options can provide faster or more suitable solutions depending on the applicant's qualifications and career background.
National Interest Waiver (NIW)
The National Interest Waiver is part of the EB-2 visa category and allows self-petition without employer sponsorship. It is suitable for applicants whose work provides significant benefit to the United States. Eligibility requirements include the following:
- Holding an advanced degree or demonstrating exceptional ability.
- Showing that the work benefits the national interest of the United States.
- Proving that waiving labor certification provides value to the country.
Examples of who can qualify:
- A renewable energy engineer developing storage solutions that support federal climate goals.
- A healthcare analyst whose research contributes directly to government healthcare initiatives.
- A biomedical researcher working on treatments for high-priority public health challenges with recognized impact in the field.
O-1 Visa as a Temporary Solution
The O-1 visa requires proving extraordinary ability in your field. While it does not provide permanent residency, it offers a temporary solution while pursuing other options like the green card process. Eligibility requirements include:
- Demonstrating sustained national or international acclaim.
- Providing evidence of significant achievements in the field.
Examples of who can qualify:
- A film director whose work has been featured at major film festivals and recognized by industry awards.
- A data scientist with patents and widely implemented technology solutions recognized in the sector.
- A concert pianist with international performances and critical acclaim from respected reviewers.
How Alma Helps with Your PERM Application Process
Alma connects you with expert immigration attorneys who understand the challenges of the PERM process and provide clear guidance through each step. Our focus is on making your immigration journey faster and more efficient with personalized support throughout the entire process.
Here's how Alma can help with your PERM application:
- We offer fast document processing with a two-week turnaround time for all paperwork, helping you avoid unnecessary delays.
- Our attorneys provide expert guidance on the complex legal process.
- We offer personalized case assessment to determine the most effective strategy for your specific situation.
Let Alma be your partner on the path to employment-based permanent residency. With our expert attorneys guiding you through each step, you can go through the PERM process easily despite the challenging timelines. Get started with a free consultation today.
Final Thoughts
The PERM labor certification process takes considerable time and planning. With current processing times of 15-16 months, understanding what to expect helps both employers and foreign workers prepare properly.
Stay informed about processing trends, as DOL updates times monthly based on application volume, staffing, and policy changes. Build extra time into your immigration plans to prevent status problems.
Alma makes this journey easier by providing expert support from initial strategy through every stage of the process. Ready to get started? Schedule a free consultation today!
FAQs
Can a PERM labor certification be transferred to a new employer?
A PERM labor certification cannot be transferred to a different employer. Each PERM application is specific to the employer, job position, and work location listed in the original filing. A new employer must begin the process from the prevailing wage determination stage for a new application.
What happens if a PERM application is denied?
If a PERM application is denied, the employer has the option to request reconsideration or file an appeal with the Board of Alien Labor Certification Appeals (BALCA). It is important to respond within 30 days of the denial notice to keep these options available and maintain any chance of reversing the decision.
Does changing the job location after filing affect the PERM application?
Changing the job location after filing a PERM application typically requires starting the process over, including a new prevailing wage determination and recruitment efforts. This is because labor market conditions differ by geographic area, and the Department of Labor requires an accurate assessment for each location.
Is there an expiration date for a PERM labor certification once approved?
An approved PERM labor certification remains valid for 180 days from the date of approval. The employer must file the immigrant petition (Form I-140, Immigrant Petition for Alien Worker) with United States Citizenship and Immigration Services (USCIS) within this period to maintain eligibility.
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