How Long Does the PERM Process Take?

For foreign nationals seeking employment opportunities in the United States, the PERM labor certification process is a critical step toward obtaining an employment-based green card. PERM, or Program Electronic Review Management, is the procedure through which an employer proves to the U.S. Department of Labor that there are no qualified or willing U.S. workers available for a specific job, and thus, a foreign worker is needed to fill the role. Understanding this process, its timelines, and how to prepare is essential for both employers and employees.

The PERM Process and Its Significance

The PERM process ensures compliance with federal labor laws, protecting the interests of U.S. workers while enabling employers to tap into global talent. It is the foundation for many employment-based visa categories, leading to permanent residency (green cards) for foreign workers. However, due to its complexity and thorough review requirements, the PERM process can take several months or more. Below, we break down the major stages of the PERM process and their respective timelines.

Steps in the PERM Process and Estimated Timelines

1. Prevailing Wage Determination (PWD)- Before filing a PERM application, the employer must request a Prevailing Wage Determination from the DOL. This establishes the minimum wage that the foreign worker must be paid based on the job role, location, and industry standards.

Timeline: Typically, 2 to 3 months. Delays can occur based on the volume of requests being processed by the DOL.

2. Recruitment Efforts – Once the prevailing wage has been determined, the employer conducts rigorous recruitment to ensure no qualified U.S. workers are available for the position. This step involves:

• Posting a job order with the State Workforce Agency (SWA) for 30 days. 
• Publishing two advertisements in Sunday editions of a widely circulated newspaper.
• Using at least three additional recruitment methods, such as job fairs, online postings, or trade publications.

Timeline: A minimum of 60 days is required to complete the recruitment steps, including the mandatory 30-day job posting and an additional 30-day waiting period to review applications.

3. Filing the PERM Application Once recruitment efforts are complete and it is determined that no qualified U.S. workers are available, the employer files ETA Form 9089 (the PERM application) with the DOL.

Timeline: On average, the DOL processes PERM applications within 6 to 12 months. However, cases selected for audit may experience additional delays.

Factors That May Influence Timelines

Several factors can affect the overall processing timeline, including:

• Case complexity: High-skill or specialized jobs may require more extensive documentation.
• Volume of applications: Heavy caseloads at the DOL can extend processing times.
• Audits: If selected for an audit, the employer must submit supporting documentation within a short window, potentially adding months to the process.

Tips to Expedite the PERM Process

While the PERM process largely relies on government timelines, there are ways to prepare and minimize delays:

• Plan ahead: Employers should request prevailing wages and begin recruitment as early as possible.
• File electronically: Submitting the application online often results in faster processing times.
• Work with experienced professionals: Consulting immigration attorneys can help ensure all procedures are followed accurately and address any issues promptly.

Seeking Assistance with Your PERM Application

Navigating the PERM process can be daunting, but with proper guidance and support, it becomes more manageable. At Kriezelman Burton & Associates, LLC, we understand employment-based immigration and are dedicated to helping clients achieve successful outcomes. Whether you are an employer starting the process or an employee seeking clarity, our experienced attorneys are here to assist.

For more information or to schedule a consultation, contact Kriezelman Burton & Associates, LLC today. With our guidance, you can ensure your PERM application is on the right track to success.