Navigating the PERM labor certification process is a crucial first step for employers sponsoring foreign workers for permanent residency in the U.S. This guide provides an updated and easy-to-follow breakdown of PERM requirements, timelines, denial reasons, and tips for a successful application.
What Is PERM?
The PERM (Program Electronic Review Management) process is the U.S. Department of Labor’s method for certifying that:
- A qualified U.S. worker is not available for the job offered to a foreign national, and
- Hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
This is typically the first step in employment-based green card categories like EB-2 and EB-3.
Employers must:
- Test the U.S. labor market through recruitment.
- Offer wages that meet or exceed the prevailing wage.
- Submit Form ETA-9089 to the DOL.
It is crucial to clearly define the minimum job requirements during the labor certification process to ensure compliance and successful application filing with the Department of Labor, as this can directly impact the labor certification processing time.
Once the Department of Labor (DOL) certifies the PERM, the employer can file Form I-140, Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS).
Who Needs PERM?
You’ll need PERM labor certification if you’re pursuing:
- EB-2 Green Card (Advanced Degree or Exceptional Ability)
- EB-3 Green Card (Skilled Workers and Professionals)
Exceptions:
You can skip PERM if you qualify under:
- EB-1 (Extraordinary Ability, Outstanding Professors/Researchers, Multinational Managers)
- EB-2 NIW (National Interest Waiver)
- Schedule A Occupations (e.g., Nurses and Physical Therapists)
Who Is Eligible for PERM Certification?
To qualify, you must:
- Have a permanent full-time job offer from a U.S. employer
- Be offered a wage at or above the prevailing wage
- Meet the educational and experience requirements for the position
- Have a position that cannot be filled by available U.S. workers
- Ensure your employer completes a good faith recruitment process and maintains an audit file, while attorneys can determine the necessary documentation for the PERM process
How Long Does PERM Take in 2025?
Processing times fluctuate based on DOL workload, job industry, employer history, and potential audits. Here’s the average breakdown for 2025:
| PERM Step | Estimated Time |
|---|---|
| Prevailing Wage Determination | 5–8 months |
| Recruitment Process | 2–3 months |
| Filing ETA-9089 & DOL Review | 8–12 months |
| Audit (if triggered) | Additional 6–9 months |
| Total Timeline | 15–24 months (avg) |
It is crucial to stay updated on the current processing time for various immigration applications, including PERM, to navigate the process effectively.
Why Are PERM Delays Increasing in 2025?
PERM processing times remain lengthy and unpredictable due to several key reasons:
These extended times can lead to major delays for both foreign workers and employers, underlining the importance of starting the PERM process as early as possible to mitigate the impact of these delays.
1. PERM Applications Are Processed by “Processing Month”
The DOL does not follow a strict first-in, first-out (FIFO) model. Instead, applications are reviewed based on the month of receipt, but not necessarily in order within that month. For example:
- A PERM filed on November 1, 2023, might be reviewed after one filed on November 30, 2023.
This batch-style processing model has contributed to confusion and delay in individual case outcomes.
2. Transition to the FLAG System
Since June 2023, all PERM applications must be submitted via the Foreign Labor Application Gateway (FLAG) platform. Key changes include:
- A redesigned ETA Form 9089
- New submission workflows
- Elimination of the old legacy PERM system as of December 1, 2024
Employers needing information from the legacy system must now submit a FOIA request.
While the move to FLAG aimed to streamline applications and improve review efficiency, the anticipated reduction in processing time has not yet materialized. The DOL has acknowledged delays and is reportedly working on internal improvements.
What This Means for Employers and Foreign Workers
Long Processing Times Pose Challenges for:
- H-1B, L-1, and O-1 visa holders approaching their maximum stay limits
- Employers trying to retain high-skilled foreign professionals
- Families awaiting green card approvals
Strategic Recommendations:
- Begin the PERM process 24 months in advance of H-1B max-out dates
- Document all recruitment steps meticulously to avoid audit triggers
- Use common job titles and standard qualifications to avoid red flags
- Consult an experienced immigration attorney to avoid procedural errors that could restart the entire process
Detailed Breakdown of the PERM Process
Step 1: Define the Job Role
Employers must clearly define the job opportunity, including:
- Job title and duties
- Required education and experience
- Skills or certifications needed
- Supervision required
- Job location(s)
Step 2: Prevailing Wage Determination (5–8 Months)
Employers must request a prevailing wage from the DOL. This is the minimum wage required for the offered position, based on:
- Job duties
- Worksite location
- Industry standards
Following the prevailing wage determination, obtaining a permanent labor certification (PERM) is crucial in the green card application process. It demonstrates to the Department of Labor (DOL) that there are no qualified U.S. workers available for the position.
Supporting documents may include:
- Financial statements
- Tax returns
- Annual reports
Employers must show they can pay this wage from the time the green card process starts until the foreign worker becomes a permanent resident.
Delays may occur due to:
- DOL case backlogs (especially for tech and healthcare jobs)
- Employer requests for wage reconsideration
Tips to avoid delay:
- Start early: File the PWD as soon as possible.
- Explore alternative job titles that align with the role but may have quicker processing.
Step 3: U.S. Recruitment (2–3 Months)
Before filing PERM, the employer must test the U.S. labor market by:
- Advertising the job position through various channels (newspapers, online platforms, company website, etc.)
- Posting job orders with the state workforce agency
- Placing a notice at the job site
Important Note:If any qualified and willing U.S. worker applies, the employer must either hire that person or pause the process for at least 6 months before retesting the market.
It is crucial to verify recruitment processes and documentation to prevent issues during audits and maintain compliance with regulations.
Minimum requirements:
- Job must be posted for 30 days
- Additional 30-day quiet period before filing
- Use of state workforce agency, newspaper ads, and internal postings
Tips to streamline:
- Begin recruitment while waiting for PWD
- Keep detailed recruitment records: job ads, interview notes, disqualification reasons
Step 3: File PERM Application (ETA-9089) – 8 to 12 Months
Once recruitment is complete, employers can submit Form ETA-9089 to the DOL electronically.
The filing date of the PERM application becomes the priority date, which establishes an applicant’s place in line for filing the Form I-485 application for permanent residency. This priority date is crucial as it determines when an applicant can proceed with their green card application based on their employment category and country of birth.
Avoid delays by:
- Double-checking all application details
- Using immigration counsel with a strong track record in PERM filings
- Ensuring job requirements are not tailored too narrowly
Be Aware:
Some cases are randomly selected for audit.
Others are audited due to red flags (e.g., inconsistencies, overly specific job requirements).
Step 4: PERM Audit – Adds 6 to 9 Months
Roughly 30% of PERM cases are selected for audit review, either randomly or due to red flags.
Common audit triggers:
- Job requires a foreign language
- Employer has high denial history
- Wages offered are below the prevailing rate
Audit survival checklist:
- Maintain a well-documented recruitment file
- Respond promptly to DOL requests
- Avoid exaggerated job criteria that exclude U.S. applicants
How to Prepare for a PERM Audit
Be ready to provide:
- All recruitment documentation
- Detailed interview notes
- Justifications for disqualifying U.S. applicants
- Proof of the business necessity for job requirements
Failing to respond to an audit can result in denial or DOL-supervised recruitment requirements in future cases.
PERM Denials: Why Applications Get Rejected
Current Denial Rates (2025)
- Audited PERM cases: ~40% denial rate
- Supervised recruitment PERM cases: Up to 67% denial rate
Common Reasons for Denial
- Incomplete Recruitment
Missing or inadequate job ads, incorrect media channels, or failure to document recruitment properly. - Unrealistic Job Descriptions
Tailoring job requirements to fit one individual can lead to denial. - Inability to Pay Prevailing Wage
Lack of sufficient financial documentation or poor financial standing.
What to Do After a PERM Denial
If your PERM application is denied, you have two main options:
1. Request for Reconsideration
- Must be filed within 30 days
- Submitted to the same DOL officer who issued the denial
- Only original documentation can be used—no new evidence
2. Appeal to BALCA
- Appeals go to the Board of Alien Labor Certification Appeals
- Cases may take months or years to resolve
- A good option if the denial was based on an administrative error
How to Check Your PERM Case Status
You can track your PERM case in the following ways:
- Visit the DOL’s Case Processing Times page – See which filing months are currently being processed
- Check Form 9089 filing date – Login to the DOL Permanent Case Management System
- Call the National Processing Center (NPC) – Use your case number and name to ask about your application
What Happens After PERM Approval?
Once the DOL certifies the PERM application, the employer can move forward with the immigration process:
Step 1: File I-140 Immigrant Petition
- Filed with USCIS
- Processing time: 6–12 months (or 15 days with premium processing)
- Confirms the job offer and beneficiary qualifications
Step 2: Adjustment of Status or Consular Processing
- Form I-485 (inside U.S.)
- Form DS-260 (outside U.S.)
- Visa must be available based on the Visa Bulletin
- Processing time: 6–12 months
Total time from PERM to Green Card:
2 to 4+ years, depending on backlog and nationality.
How to Speed Up Your PERM Application in 2025
You can’t pay for expedited PERM, but you can strategically reduce delays:
✅ 1. Start Early
Begin at least 24 months before the H-1B or L-1 max-out date. Waiting too long is a major reason for last-minute panic. It’s smart for employers to evaluate the foreign worker’s performance before beginning the PERM process, especially in the first year of H-1B or L-1 employment.
Timing Tip:
Make sure you understand the expiration date of the current visa status (e.g., H-1B max-out period) and plan your PERM process timeline accordingly.
✅ 2. Use the Right Job Title
Overly specific job duties or rare qualifications may increase scrutiny.
Best practice: Choose job titles that meet business needs but follow standard industry language.
✅ 3. Avoid Documentation Gaps
Missing recruitment paperwork can cause audits or denials.
Keep records of:
- All job ads (with dates)
- Applications received
- Interview logs and disqualifications
✅ 4. Explore Schedule A (If Eligible)
If you’re a nurse or physical therapist, you may be exempt from PERM.
Tip: See if your profession qualifies under Schedule A
PERM Costs and Who Pays
|
Expense |
Who Pays? |
| DOL PERM Filing Fee | $0 (no government fee) |
| Recruitment Costs (ads, etc.) | Employer |
| I-140 Petition Fee ($580) | Employer |
| Premium Processing (optional) | Employer or employee |
Employers are legally required to bear all costs associated with PERM recruitment and filing.
Why Use PERM Timeline?
Check out Perm Timeline for up to date PERM data.
- Real-time updates: This website pulls data directly from the Department of Labor’s official query system for cases submitted after June 2023.
- Community-sourced insights: For cases submitted prior to June 2023, their data reflects input from their active user community, especially through their Telegram group (@PermLC).
- Transparency and empowerment: They help users stay informed and confident throughout their PERM journey with accurate, daily data summaries.
PERM Case Status Categories Explained
We track the most critical statuses associated with PERM applications. These include:
- Analyst Review: Initial review of your application by DOL case analysts.
- Audit Review: Deeper examination triggered by inconsistencies or random sampling.
- BALCA Appeals: Cases under review by the Board of Alien Labor Certification Appeals.
- Certified: Successfully approved cases.
- Certified Revoked: Certifications later revoked by the DOL.
- Denied: Applications rejected by the DOL.
- NOAD Issued: Notice of Audit Documentation sent to employer.
- RFI Issued: Request for Further Information.
- Reconsideration Appeals: Petitions seeking reconsideration after denial.
- Supervised Recruitment: Applications under heightened recruitment scrutiny.
- Withdrawn: Applications voluntarily withdrawn by the employer.
Latest PERM Statistics (As of May 2025)
The following data offers a snapshot of the current PERM landscape, with real-time figures for various submission months. Our live updates reflect the number of applications, completed reviews, pending cases, and daily status changes.
Overall Totals (All Submission Months)
|
Metric |
Value |
| Total Applications | 269,895 |
| Total Changes Today | 470 |
| Total Completed Today | 444 (0.16%) |
| Pending Applications | 171,223 (63.44%) |
Submission Month Breakdown
December 2023
- Total Applications: 14,545
- Total Changes Today: 411
- Completed Today: 393 (2.70%)
- Pending Applications: 3,537 (24.32%)
|
Status |
Applications |
Change Today |
| Analyst Review | 3,263 | +0 |
| Certified | 10,177 | +369 |
| Denied | 111 | +24 |
| Reconsideration Appeals | 5 | +0 |
| RFI Issued | 268 | +18 |
| Supervised Recruitment | 1 | +0 |
| Withdrawn | 720 | +0 |
November 2023
- Total Applications: 15,285
- Total Changes Today: 37
- Completed Today: 32 (0.21%)
- Pending Applications: 424 (2.77%)
|
Status |
Applications |
Change Today |
| Analyst Review | 173 | +4 |
| BALCA Appeals | 1 | +0 |
| Certified | 13,629 | +27 |
| Denied | 191 | +5 |
| Reconsideration Appeals | 80 | +0 |
| RFI Issued | 166 | +1 |
| Supervised Recruitment | 4 | +0 |
| Withdrawn | 1,041 | +0 |
October 2023
- Total Applications: 12,450
- Total Changes Today: 6
- Completed Today: 4 (0.03%)
- Pending Applications: 122 (0.98%)
|
Status |
Applications |
Change Today |
| Analyst Review | 27 | +0 |
| BALCA Appeals | 1 | +0 |
| Certified | 11,353 | +1 |
| Denied | 84 | +3 |
| NOAD Issued | 3 | +2 |
| Reconsideration Appeals | 83 | +0 |
| RFI Issued | 7 | +0 |
| Supervised Recruitment | 1 | +0 |
| Withdrawn | 891 | +0 |
How to Use This Data
Understanding how and when PERM applications are processed can help:
- Plan your green card timeline
- Avoid common mistakes that lead to delays
- Gauge how long your case may take based on historical patterns
We recommend checking the DOL’s official processing times page in tandem with our tracker to get a full picture of both general timelines and real-time case updates.
PERM Status: How to Check It
DOL processing times can be found here.
Unfortunately, individual applicants cannot directly check the status of a pending PERM application. Only the sponsoring employer or immigration attorney has access to the DOL’s PERM Case Management System
However, if your PERM case has already been adjudicated, its outcome may be published in the DOL’s quarterly public disclosure data. These datasets exclude personal identifiers but offer full transparency on the job title, wage, and employer.
PERM Case Tracking & Predictions
At H1BGrader.com, users can search historical data and enter their PERM case number and submission date to predict estimated adjudication timelines.
Example case numbers: A-02983-62715 or G-100-23215-235528
Prediction accuracy is based on 15+ years of PERM data since 2008.
Historical PERM Processing Time Trends
I
|
Month |
Normal Review |
Audit Review |
| Oct 2024 | 14 mo, 15 days | 16 mo, 11 days |
| Aug 2024 | 14 mo, 6 days | 14 mo, 29 days |
| May 2024 | 12 mo, 22 days | 15 mo, 23 days |
| Jan 2024 | 12 mo, 28 days | 15 mo, 25 days |
| Sep 2023 | 10 mo, 22 days | 16 mo, 4 days |
| Jul 2023 | 10 mo, 7 days | 16 mo, 13 days |
| Apr 2023 | 9 mo, 6 days | 12 mo, 18 days |
| Jan 2023 | 8 mo, 21 days | 12 mo, 18 days |
| Oct 2022 | 8 mo, 6 days | 12 mo, 3 days |
| Jul 2022 | 7 mo, 9 days | 9 mo, 23 days |
Since early 2023, PERM application processing times have steadily increased, with delays worsened by backlogs, audit surges, and FLAG system transition issues.
FY2025 PERM Processing Volumes and Delays
Here’s how long the DOL took to process PERM filings from each month in FY2025:
|
Submitted Month |
Cases Processed |
Avg Processing Time (Days) |
| Dec 2024 | 139 | 3 |
| Oct 2024 | 262 | 11 |
| Aug 2024 | 112 | 83 |
| May 2024 | 60 | 178 |
| Jan 2024 | 54 | 298 |
| Oct 2023 | 78 | 390 |
Cases from late 2023 are now exceeding 12 months, with many in audit or flagged for manual review.
Top PERM Green Card Sponsors – 2025 Review
Here are the companies with the most active green card PERM filings in FY2025 and their average case timelines:
|
Company |
Cases Filed |
Avg Processing Time (Days) |
| Apple Inc. | 702 | 447 |
| Intel Corporation | 381 | 425 |
| Health Carousel LLC | 245 | 480 |
| Cisco Systems Inc. | 177 | 246 |
| Primary Aim LLC | 159 | 469 |
PERM Processing Time FAQs (2025 Update)
What is the current average PERM processing time in 2025?
As of May 2025, the average processing time for PERM applications under normal review is approximately 497 days, or about 16 months and 12 days. This does not include cases selected for audit, which may take several months longer.
Has PERM processing slowed down in 2025 compared to previous years?
Yes, processing times have increased steadily since 2023. The introduction of the FLAG system, staffing shortages, and a higher volume of applications have all contributed to delays.
What is the current processing month for PERM applications?
The U.S. Department of Labor (DOL) is currently processing PERM applications filed in or before December 2023 under normal review.
How long do PERM audits take to process in 2025?
There is no official DOL update on current audit review timelines, but based on historical data, audited PERM cases typically take an additional 3 to 6 months to process after initial review.
What percentage of PERM applications are audited?
Approximately 25% of PERM applications are selected for audit each fiscal year. Some are chosen randomly, while others are triggered by specific job conditions or employer history.
What factors can delay a PERM case beyond the average processing time?
Delays can result from audits, errors in the application, inconsistencies in job requirements, missing recruitment documentation, or wage-related issues.
Can the applicant check their PERM status while it is pending with DOL?
No, only the employer or their attorney has access to the DOL’s PERM Case Management System. Applicants must rely on their employer or attorney for status updates.
Can I predict my PERM processing time if I know my submission date?
Yes, estimated timelines can be predicted using public disclosure data and historical averages. Several third-party tools use these data to forecast likely adjudication windows.
Are PERM and PWD processing times related?
Yes, the PERM process cannot proceed until a Prevailing Wage Determination (PWD) has been issued. Delays in the PWD phase directly impact the start of PERM filing.
How long does the PWD process take in 2025?
As of April 2025, PWDs based on DOL wage data are being processed for requests filed in November 2024. Requests based on private wage surveys are slightly slower, with DOL processing applications from October 2024.
Can recruitment be conducted while waiting for the PWD to be issued?
Yes, recruitment can be conducted in parallel to speed up the overall timeline, but care must be taken to align recruitment efforts with the final prevailing wage result.
Why is the December 2023 PERM filing still not processed in May 2025?
DOL adjudicates applications by “processing month” but not necessarily in a strict first-in, first-out order. Some cases within the same month are processed sooner, while others are delayed due to audits or complexity.
Is premium processing available for PERM applications?
No, premium processing is not available for the PERM portion of the green card process. However, Form I-140 (filed after PERM approval) is eligible for premium processing.
How can I reduce the risk of a delayed PERM application?
Use standard job titles, avoid excessive or overly specific job requirements, document the recruitment process carefully, and work with an experienced immigration attorney to avoid technical mistakes.
What happens if a PERM application is denied after a long wait?
The employer may request reconsideration or file an appeal. However, both options involve additional delays. In some cases, it may be more efficient to refile a corrected PERM application.
Can I apply for a seventh-year H-1B extension with a pending PERM?
Yes, if your PERM application has been pending for at least 365 days, you may qualify for a seventh-year extension of H-1B status under AC21 rules.
Does a delay in PERM affect my spouse’s work authorization?
It can. For example, if your spouse is on H-4 status, their ability to obtain or maintain an Employment Authorization Document (EAD) may depend on timely progression of your green card case.
Can delays in PERM impact visa status for current employees?
Yes, especially for H-1B workers approaching the six-year limit. Delayed PERM certification can lead to gaps in legal work authorization if extensions or green card steps are not completed in time.
What should I do if my PERM case exceeds 18 months with no decision?
Have your employer or attorney contact the DOL. They may also file a request for case status inquiry or seek congressional assistance, especially if the delay impacts lawful status or work eligibility.
Are certain employers experiencing faster or slower PERM processing times?
Yes, processing speed can vary by employer, industry, job location, and even job classification. Large tech companies and healthcare employers tend to have higher volumes and may see different trends.
Do audits always delay PERM applications?
Yes. If audited, the case is removed from the normal queue, and employers must submit additional documentation. Audit review can add 3–6 months or more to the overall timeline.
Is there a deadline for responding to a PERM audit?
Yes. Employers typically have 30 days to respond to an audit request. Failure to respond in time results in automatic denial and possible consequences for future filings.
How do I know if my PERM application has been approved?
The employer or attorney will receive a certified Form ETA-9089 via mail. Applicants can also check public disclosure files published quarterly for approved PERM cases.
Does the DOL publish a list of which month’s PERM applications they are currently processing?
Yes, the DOL updates its official website with a monthly status report showing the current “processing month” for both analyst review and audit review PERM applications.
Can changes in job location affect PERM processing time?
Yes. If a job location changes after filing or during the process, it may require re-filing or trigger a denial. Geographic location is a key factor in both wage determination and recruitment requirements.
Should I delay starting the PERM process in hopes of faster processing in the future?
No. Processing times are unpredictable and historically have increased. Starting early—ideally 18 to 24 months before your visa expiration—is the best strategy.
Can the same employer file a new PERM after a denial?
Yes. However, they must correct the issues that caused the denial and go through the entire process again, including a new PWD and recruitment.
Are there any green card options that avoid the PERM process?
Yes. Certain categories, such as EB-1A (Extraordinary Ability), EB-1C (Multinational Executive), and EB-2 NIW (National Interest Waiver), do not require PERM labor certification.
Where can I find official updates on PERM processing times?
The U.S. Department of Labor publishes monthly updates on PERM and PWD processing times on its Office of Foreign Labor Certification website.
How long does the full PERM process take in 2025?
Typically 15–24 months. Add 6–9 months if audited.
Can I expedite my PERM case?
There’s no premium processing, but a clean, well-documented case reduces delays.
What happens during an audit?
DOL requests additional evidence to confirm recruitment steps and wage compliance.
Can I work while PERM is pending?
Yes, if you’re on a valid work visa like H-1B or L-1. PERM approval alone doesn’t grant work authorization.
What if my PERM is denied?
Your employer can request reconsideration or refile a corrected petition.
Does my spouse get work authorization while PERM is pending?
Not through PERM itself. But spouses of H-1B holders (with H-4 EAD) may qualify if the I-140 is approved.
When Should Employers Begin the PERM Process?
Ideally, at least 24 months before an employee’s temporary work visa maxes out (e.g., H-1B). Delays in PERM or PWD can jeopardize status extensions.
Who Oversees PERM and PWD Applications?
All PERM and PWD applications are adjudicated by the U.S. Department of Labor (DOL). I-140 and I-485 forms are handled by USCIS.
Can PERM Be Premium Processed?
No. There is no expedited processing for PERM. However, Form I-140 does offer premium processing, which can reduce wait time to 15 calendar days.
Can H-1B Workers Apply for a 7th-Year Extension Based on PERM?
Yes—if the PERM was filed at least 365 days prior (including time spent in audit review), a seventh-year H-1B extension is available.
Common Questions About PERM Status and Timeline
Can Applicants Check Their PERM Status Online?
No. Only attorneys and employers can access pending status updates via the DOL’s internal system.
How Can Applicants Estimate Their PERM Timeline?
Use historical trends or tools like the PERM LC Tracker at H1BGrader.com for predictions based on your filing date.
What Triggers a PERM Audit?
- Unusual job requirements (e.g., foreign language skills)
- Low wages
- Employer’s audit history
- Random selection
How Can I Prepare for an Audit?
Maintain clean, detailed records of:
- Job postings and interview notes
- Disqualification reasons
- Justification for job requirements
Need Help with Your PERM Case? Contact the Herman Legal Group
At Herman Legal Group, we’ve helped hundreds of professionals and employers navigate the complex PERM and green card process. Whether you’re just getting started or facing an audit, our immigration lawyers are ready to help you every step of the way.
Why choose us?
- Over 39 years of immigration law experience
- Nationally recognized team of attorneys
- Personalized case strategy tailored to your job, employer, and visa path
Schedule a Consultation Today
- Call: 1-216-696-6170
- Book online
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