DOL Processing Times: How PERM Delays Affect U.S. Employers

DOL Processing Times: Key Takeaways

• The Department of Labor (DOL) currently takes around 496 days to process Permanent Labor Certification (PERM) applications, but actual timelines can vary on a case-by-case basis
• Delays can occur due to high application volume, incorrect job details, missing documents, or government audits
• PERM includes several steps: prevailing wage determination, recruitment, filing ETA Form 9089, DOL review, and receiving a decision
• To minimize delays, start the process early, use accurate job codes, follow DOL rules, and work with an experienced immigration attorney
• You can track your case status through the Foreign Labor Application Gateway (FLAG) or ask your lawyer for updates

Hiring foreign workers can be key to the success of your business.

But this comes with a challenge: for some categories, you’ll need to go through the PERM labor certification process through the DOL and the waiting times can interfere with your plans.

Aiming to help you secure the talent you need, we’ll share:

• DOL processing times for PERM applications
• Why delays happen
• What steps the process includes
• What you can do to keep the process moving

DOL Processing Times for PERM Applications

As of June 2025, the DOL takes 496 days to process Permanent Labor Certifications.

The actual time can be different for each employer and depends on the details of the case.

Understanding PERM Processing Timeframes

The DOL processing time, often referred to as PERM processing time, shows how long it takes to review and get a decision on a PERM application submitted by an employer when they want to bring a foreign worker to the United States.

PERM is the first stage in obtaining an employment-based Green Card, so handling the application to the DOL is a key part of the process.

Common Reasons for DOL PERM Processing Delays

DOL processing times may differ from case to case based on the unique circumstances of each applicant.

Delays can happen for several reasons, such as:

• High volume of applications filed at the same time
• Incomplete or inaccurate job descriptions
• Use of incorrect job codes
• Missing documentation
• Failure to follow recruitment rules
• Government audits triggered by unusual job requirements or past compliance issues

Imagine you as an employer listed unclear job duties. The DOL may request additional clarification, adding extra time to the processing of your documents.

Do you want to avoid delays caused by incomplete applications or errors in the documents?

An experienced corporate immigration attorney doesn’t just help with the paperwork. They anticipate and address the pitfalls that could otherwise set your case processing back months.

Step-By-Step Guide To The PERM Labor Certification Process

Will this be the first PERM labor certification you’re filing? Here’s how the process works:

1. Prevailing Wage Determination (PWD)

• The employer submits a request to the DOL to determine the correct wage for the job position.
• The DOL reviews the job title, duties, required education, work experience, and worksite location and assigns a wage level. This is done to ensure the foreign worker will be paid at least the prevailing wage.

2. Recruitment Process

The employer must prove there are no qualified U.S. workers for the position for which they want to hire a foreign worker.

The process includes placing ads in newspapers, job boards, and state workforce agencies along with documenting their recruitment efforts.

3. Submission Of ETA Form 9089

Once the recruitment process establishes there are no qualified U.S. applicants, the employer files ETA Form 9089.

The form gives information about the job position, recruitment efforts, and the foreign worker’s qualifications. The DOL reviews the form to confirm all labor market rules have been followed.

4. DOL Reviews & Processes The Application

The Department of Labor verifies the steps in the process and comes up with a decision. They may:

• Approve the application.
• Deny it.
• Issue an audit (request more evidence).

5. PERM Approval & Next Steps

If the PERM is certified, the employer can move on to the next stage of the Green Card process: filing Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).

If denied, the employer may request a reconsideration or start the process again.

If you’ve already completed the process and your application was denied, call an immigration attorney as soon as possible so that you plan what your next step should be.

How To Reduce DOL PERM Processing Times

If you need foreign talent urgently, you may want to speed up the process. Is that possible?

Think about it this way: you cannot use premium processing for PERM but there are a few tips which can help you minimize delays.

• Start the process at least 18 months in advance so that you have enough time to react if something unexpected comes up.
• Use accurate job descriptions and Standard Occupational Classification (SOC) codes to avoid misclassification.
• Follow all DOL rules closely.
• Work with an experienced immigration attorney who knows the requirements and process and can prevent errors or unnecessary delays.

How To Track Your DOL PERM Processing Status Online

You’ve finally completed and filed your PERM application. At this stage, you’ll most probably wonder how to stay updated on the progress of the case.

1. Visit the Foreign Labor Application Gateway (FLAG).
2. Log in and enter your case details.
3. Check current case status and estimated processing times.

If you’re working with an immigration attorney, you may save time and effort on these steps. They’ll provide updates, and you can inform your potential worker about where the case stands.

Issues The Employer May Face In The PERM Process

The PERM labor certification process poses various challenges for employers looking to bring foreign workers to the U.S.

• Complex compliance requirements: You must prove you followed every DOL rule during the process.
• Risk of audits: Inconsistencies in documentation can trigger audits, prolonging the process.
• High administrative burden: Recruiting, advertising, and record-keeping require time and resources.
• Visa deadlines: If you’re sponsoring workers on temporary visas (like H-1B), you must meet deadlines to avoid status issues for the employee.
• No premium processing: There’re not fast-track options, so you need to avoid mistakes that might extend the DOL timeline.

Need Help With DOL Processing? Call Spar & Bernstein

No one understands your issues better than the experienced and compassionate legal team at Spar & Bernstein.

Having helped thousands of individual and business immigration clients for 60+ years, we understand the pressures you might be feeling during PERM certification and the impact delays may have on your business performance.

Our attorneys will:

• Assess job descriptions to ensure they meet DOL standards.
• Select the correct SOC codes.
• Prepare and file prevailing wage requests and ETA Forms 9089.
• Organize recruitment campaigns and advise where and how to post ads.
• Keep detailed recruitment documentation.
• Suggest legal strategies to manage unexpected complications.

Whether you’re a small business looking to bring your first foreign employee to the U.S. or a large corporation filing multiple sponsorships, Spar & Bernstein will help you secure the talent you need.

In addition to PERM, we can assist sponsored employees with consular processing and visa interviews, file for visa extensions, and help transition workers to permanent resident status without disrupting business operations.

DOL Processing Times: FAQs

Does the PERM process include the recruitment period?

Yes. The recruitment process is part of the overall PERM timeline.

Why does my PERM case take longer than the estimated average?

Processing times vary because each case is unique. Your case might take longer due to various factors, from many applications filed during the same time to missing documents or a government audit.

Can I start the Green Card process without PERM?

PERM is mandatory for most EB-2 and EB-3 cases. However, some categories, such as EB-1 priority workers do not require PERM certification. Talk to our knowledgeable lawyers at Spar & Bernstein to understand if you need to go through the PERM process.

What triggers a PERM audit by the DOL?

PERM audits may be random or triggered. Factors that can provoke DOL to perform an audit include high offered wages, unusual job requirements, or inconsistencies in recruitment documentation.

Is there a way to speed up DOL PERM processing?

There is no official way to expedite the PERM process. However, you can reduce the risk of delays by starting early, using accurate job codes, ensuring all documentation is complete, and partnering with a business immigration attorney.

What happens after PERM is approved?

Once the Department of Labor provides PERM certification, you have 180 days to file Form I-140 with USCIS. If you miss this deadline, you’ll have to start the process over.

My PERM application was denied. What can I do?

If your PERM was denied, you may:

• Request reconsideration.
• Appeal the decision.
• Restart the process.

Can an employee work in the US while PERM is pending?

Filing a PERM does not grant work authorization. The employee must have a valid work visa to start working.

Why is working with an attorney for PERM recommended?

Small mistakes, for example, misclassified job titles or missing recruitment records, can lead to audits or denials, increasing DOL processing time. An immigration attorney helps prevent these errors and keeps the process on track.