PERM Processing Time Breakdown: Steps & Factors Affecting Timeline

PERM Processing Time: Key Points

• Permanent Labor Certification (PERM) processing time can take up to 22 months, depending on the duration of each step
• Prevailing wage determination takes from four to seven months
• The recruitment process lasts two-three months
• ETA Form 9089 submission takes eight to 12 months to process, and can be further extended if the case is audited
• Delays may occur due to high application volumes, unclear job titles, or documentation issues
• To speed up the process, you should plan ahead and work with an immigration lawyer

Only 140,000 employment-based Green Cards are available each year, most of them requiring PERM certification as a first step.

If you don’t start early, delays in PERM could cost you the chance to sponsor your foreign workers for a Green Card. But how long does the process take?

In this guide, we’ll:

• Break down PERM processing time
• Explain who needs PERM certification
• Suggest strategies to speed up the process

PERM Processing Time Steps

So, how long does PERM really take? The process includes several steps and typically takes between 14 and 22 months. This is how time is distributed per stage.

Prevailing Wage Determination

This step marks the beginning of the process and typically takes four to seven months.

The employer requests the Department of Labor (DOL) to determine the appropriate wage for the job position. This includes:

• Preparing a job description that describes the duties of the employee along with required experience, education, skills, and worksite location.
• Selecting a Standard Occupational Classification (SOC) code that links the job to national wage data.

The DOL uses this information to determine the minimum salary the employer must offer.

The goal is to ensure U.S. workers are treated fairly and are not underpaid or displaced.

The Recruitment Process

Next comes the recruitment campaign to test the labor market. It takes two to three months, during which the employer posts ads in newspapers, online job portals, and state workforce agencies.

Since the PERM process must prove there are no qualified U.S. workers for the job, they must record and keep on file the reasons for rejecting job candidates.

Filing ETA Form 9089

If the recruitment process confirms there are no qualified U.S. applicants, the employer files ETA Form 9089 with the DOL, outlining the position and the recruitment steps taken.

Processing ETA Form 9089 takes eight to 12 months.

If your case is selected for auditing, meaning the government wants to take a closer look to ensure all the information is correct, this stage can take an extra six to eight months.

Factors Affecting PERM Processing Timeline

What determines the speed of the PERM process? Several issues can delay your PERM certification:

• Too many submitted applications, which slows down the review process of the prevailing wage requests.
• Ambiguous or uncommon job titles that require clarification.
• Requests for additional evidence may arise due to missing or inaccurate documentation.
• Government audits also slow down the process.

Who Needs PERM Certification?

PERM certification is a common step for employment-based Green Card applicants in the EB-2 and EB-3 preference categories, as it involves the employer sponsoring the Green Card process.

PERM is not required when the applicant:

• Is eligible for a National Interest Waiver (NIW) under the EB-2 category, meaning their work can benefit the U.S. national interest.
• Is applying under the EB-1category for priority workers such as multinational executives or individuals with extraordinary ability.
• Has a job that is covered by the Schedule A occupations, for example, registered nurses or physical therapists.

When unsure if the PERM process is mandatory, talk to an experienced immigration lawyer. They’ll review your case, identify if you need to go through the certification steps, and help prepare and file all required documents.

Strategies To Expedite PERM Processing

Although there’s no premium processing for PERM that can guarantee quick reviewing, you can take steps to minimize delays.

Start The PERM Process Early

Plan at least 18 months in advance, regardless of whether you’ll be hiring new workers or the foreign national is nearing their visa expiration date. This will give you more time flexibility for reaction.

Use Accurate Job Descriptions & Codes

Make sure you’ve listed the correct Standard Occupational Classification (SOC) code. Describe the job duties clearly to avoid misclassification.

Document Recruitment Process

Keep detailed records of every recruitment step to avoid compliance issues.

Work With An Immigration Lawyer

Consider hiring an immigration attorney to help you with the PERM process. While this is not mandatory, having legal advice during the process can help identify potential issues and resolve them before they turn into serious problems causing delays.

PERM Processing Time: Key Takeaways

• The PERM certification process can take as long as 22 months.
• Prepare accurate job descriptions and choose the right SOC code to prevent misclassification and wage issues.
• Keep detailed recruitment records and follow DOL rules to reduce audit risk.
• Collaborate with an immigration attorney to ensure all documents are completed accurately and all steps are followed.

Need Help With PERM Certification? Call Spar & Bernstein

Founded in 1958, Spar & Bernstein has extensive experience in various spheres of immigration law, including employment-based and family immigration, investor visas, and citizenship and naturalization.

Need to go through PERM and concerned about missing important details? Our knowledgeable and compassionate team will:

• Determine if you meet the criteria to be an employment sponsor.
• Assess if your case requires PERM certification.
• Help select the correct job classification.
• Prepare and file a prevailing wage determination request.
• Advise where and how to advertise the job in line with DOL rules.
• Document the recruitment process.
• Fill out and submit ETA Form 9089.
• Prepare and file Form I-140, Immigrant Petition for Alien Worker after PERM approval.

“Securing a Green Card through employment starts with PERM certification, and every detail in this process matters,” says Brad Bernstein, Managing Partner at Spar & Bernstein. “Our team doesn’t just handle paperwork but troubleshoots issues to keep your workers’ Green Card journey on track.”

Perm Processing Time: FAQs

Need more information about PERM timeline and process? Our team at Spar & Bernstein has compiled a list of common questions.

Can an employee start working after PERM is filed?

No, filing a PERM request doesn’t authorize employment. The employee must get a valid work visa to obtain the right to work in the U.S.

Does PERM guarantee a Green Card?

No, PERM doesn’t guarantee a Green Card. It’s only the first step. Once there’s PERM approval, you must file Form I-140 and the employee must fill out Form I-485 for adjustment of status.

What are common reasons for PERM denial?

Common reasons for PERM denial include:

• Inaccuracies in recruitment documentation
• Use of incorrect job codes
• Failure to follow all recruitment steps
• Failure to prove the job was clearly open to U.S. workers

What can trigger a PERM audit?

A PERM audit can be triggered by high wages, unusual job requirements, or past violations by the employer.

Can I withdraw a PERM labor certification request?

Yes, you can withdraw a PERM request any time before you use it in an I-140 petition.

What’s the validity of an approved PERM labor certification?

The validity of an approved PERM labor certification is 180 days from the date of approval.

During this window, you must fill out and file the I-140 petition. If you miss the deadline, you must start the process from the beginning.