Why Does the PERM Labor Certification Take So Long?
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The PERM labor certification process is an essential part of the employment-based immigration process, yet it is also one of the most time-consuming steps. Employers and foreign workers often find themselves waiting months before seeing any meaningful progress. Understanding why can help make the waiting period far less frustrating.
The PERM labor certification process is lengthy due to several compounding factors:
- Prevailing wage determination delays at the Department of Labor
- Mandatory recruitment requirements with strict timelines
- DOL processing backlogs once the application is filed
- Audit triggers that can add months to the review period
At Kriezelman Burton & Associates, LLC, our attorneys have guided employers and foreign nationals through the PERM process for years. Here, we break down these key reasons why PERM takes as long as it does.
Delays in Prevailing Wage Determination
Before ever filing the PERM application, the employer must request a Prevailing Wage Determination from the National Prevailing Wage Center (NPWC) to establish the minimum wage the foreign worker must receive. A typical wait time for this stage is 4 to 6 months, but delays are common and largely outside the employer’s control. The NPWC processes a high volume of requests, and wait times can fluctuate based on staffing and demand.
Detailed Recruitment Requirements
After determining the prevailing wage, the employer must undertake a thorough recruitment effort. This process is designed to ensure that there are no qualified and available U.S. workers who can fill the position. The numerous required activities for this campaign, as well as a minimum 60-day period for job postings and application reviews, make this stage add at least 2 months to the PERM process.
PERM Application Processing and Audit Triggers
After recruitment is complete and no qualified U.S. workers are identified, the employer is able to file the PERM application. At this point, 6 to 12 months may pass before the application is approved. However, some applications are selected for audit. Common audit triggers include:
- Job requirements that appear tailored to the foreign worker
- Incomplete or inconsistent documentation
- Wages below the prevailing wage determination
An audit requires the employer to submit supporting documentation within a strict deadline. Audits can add several additional months to the process, and a failure to respond adequately to an audit can result in application denial.
What Happens After PERM Approval?
PERM approval is a big step, but it does not mark the end of the road. It is only the foundation for the next phase of the immigration process.
After approval, the employer must then file an immigrant petition with U.S. Citizenship and Immigration Services. (The approved PERM certification is only valid for 180 days from the approval date, so timely filing is critical.) Depending on the visa category and the foreign worker’s country of birth, there may be additional waiting periods before a green card is available.
Get Guidance From Experienced PERM Attorneys
The PERM process can be long and unforgiving: A single documentation error or missed deadline can derail months of work. Working with an immigration attorney who understands the process from the start is one of the most effective ways to avoid unnecessary delays.
At Kriezelman Burton & Associates, LLC, our attorneys are thoroughly familiar with the PERM requirements, audit process, and post-approval steps. We work with employers across a wide range of industries to verify that every stage of the process is handled with precision and care. To discuss or get assistance with your PERM labor certification situation, call us at 312-332-2550 or schedule a consultation online.
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