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Current PERM Processing Time 2023 (Check Case Status)

PERM (Program Electronic Review Management) processing time refers to the duration it takes for the U.S. Department of Labor (DOL) to review and approve labor certification applications. The PERM process is a crucial step in obtaining a green card (permanent residency) through employment in the United States. It involves the certification of a job opportunity for a foreign worker, ensuring that there are no qualified U.S. workers available for the position.


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About PERM Processing Time

The PERM processing time can vary widely depending on several factors, including the caseload at the DOL, the complexity of the application, and any potential delays or audits. Employers and foreign workers eager to secure a green card are often keen to monitor the progress of their PERM application to estimate when they might receive certification.


Purpose of PERM Processing Time

The primary purpose of tracking PERM processing time is to provide transparency to employers and foreign workers in planning their immigration journey. It helps individuals understand how long they might need to wait before they can proceed with the next steps in the green card application process.


overivew Current PERM Processing Time 2023

PERM Processing Program NameProgram Electronic Review Management (PERM)
Program DepartmentU.S. Department of Labor (DOL)
Program Benefits- Certification of job opportunities for foreign workers.
Program Eligibility- Employers seeking to hire foreign workers for specific job positions. - Eligibility criteria include demonstrating that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect U.S. workers' wages and working conditions.
Program Documents- ETA Form 9089 (Application for Permanent Employment Certification) - Documentation of the recruitment process, including job advertisements, recruitment reports, and any related supporting documents.
Official WebsiteU.S. Department of Labor PERM Program
Contact NumberThe contact information for specific inquiries may vary based on the region and specific DOL offices. Employers and applicants should refer to the contact details provided on the DOL website for their respective regions.

Features of PERM Processing Time

Here are some key features and aspects related to PERM processing time:

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Check PERM on DOL Site?

    While you cannot track your PERM status online on the official DOL FLAG website as an individual, there are alternative ways to access information about current PERM processing times:

    PERM Case Number

      Your PERM case is assigned a unique case number when your employer or attorney submits the case to the DOL for the first time. It's crucial to keep track of this number as it serves as a reference point for your case's progress.

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      PERM Status Meaning

      The status of your PERM application can be classified into several categories:

      PERM Green Card Priority Date

        The green card priority date is a crucial factor in the U.S. immigration process. For employment-based green cards requiring labor certification, the priority date is the date when the DOL receives ETA Form 9089 (the PERM application form). However, for green card categories that do not require labor certification, such as EB-1 and NIW cases, the priority date is the date of filing Form I-140, I-526, or I-360.

        Experience Letter for PERM – Skill Letter

        An experience letter for PERM, often referred to as a skill letter, is a document used to list skills on the old employer's letterhead as employment verification. This may be necessary to prove your skills for the job description relevant to your PERM application if your case is selected for audit. The letter also provides guidance on how to write a job description for PERM.

        Stepby Step Current PERM Processing Time


        PERM Processing Times (as of 07/31/2023)

          Processing QueuePriority Date
          Analyst ReviewSeptember 2022
          Audit ReviewJune 2022
          Reconsideration Request to the COSeptember 2022

          Note: These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted. If your application was filed more than three months prior to the month posted, you may contact the OFLC PERM Helpdesk for a status on the application at [email protected].

          Average Number of Days to Process PERM Applications

          DeterminationsMonthCalendar Days
          Analyst ReviewJuly 2023311
          Audit ReviewJuly 2023498

          Note: These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.


          H-2A Processing Times (updated as of close of business 9/2/2023)

          Case Receipt WeekTotal Cases SubmittedTotal Cases Issued First NOA or NODPercent Receipt Week Issued NOA or NOD
          MOST RECENT WEEK COMPLETED
          Aug 20 - 26188188100%
          CURRENT PROCESSING STATUS
          Aug 27 - Sep 217311868%

          II. Average Case Processing Times (measured in calendar days) 

          Processing ActivityTotal CasesCurrent Status
          Average Number of Days to Process Complete Cases29122 Calendar Days
          Average Number of Days to Process Incomplete Cases17134 Calendar Days

          Note: The data reflects the processing times for H-2A cases, including the issuance of Initial Notices of Acceptance (NOA) or Deficiency (NOD) and the average case processing times. These processing times can vary based on the individual circumstances of each case.

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          Applications Received for Requested Date of Need from Apr 1, 2023, through Sep 30, 2023 

          Filing WindowTotal Cases Submitted3 & Positions RequestedTotal Cases Issued NOA or NODPercent Issued a First NOA or NODTotal Cases Pending - Post NOA or NOD Issued4Total Cases Issued Final Decision & Positions Certified
          Jan 20237,883 (126,040 Workers)7,883100%--7,883 (116,829 Workers)
          Feb 2023813 (12,132 Workers)813100%--813 (9,876 Workers)
          Mar 2023260 (4,357 Workers)260100%1 (3 Workers)259 (3,324 Workers)
          Apr 2023110 (1,534 Workers)110100%1 (105 Workers)109 (947 Workers)
          May 2023100 (1,060 Workers)100100%1 (1 Worker)99 (541 Workers)
          Jun 202363 (742 Workers)63100%5 (48 Workers)58 (264 Workers)
          Jul 202325 (426 Workers)13 (52.0%)11 (225 Workers)2 (0 Workers)
          Total Cases Issued Final Decision and Positions Certified (for FY 2023 Second Half Visa Cap)9,223 (131,781 Workers)

          Applications Received for Requested Date of Need from Oct 1, 2023, through Mar 31, 2024 

          Filing WindowTotal Cases Submitted3 & Positions RequestedTotal Cases Issued NOA or NODPercent Issued a First NOA or NODTotal Cases Pending - Post NOA or NOD Issued4Total Cases Issued Final Decision & Positions Certified
          Jul 3-5 Group A1,789 (34,018 Workers)1,789100%485 (9,804 Workers)1,304 (23,268 Workers)
          Jul 3-5 Group B259 (5,656 Workers)260100.0%143 (2,976 Workers)116 (1,420 Workers)
          Jul 3-559 (191 Workers)9100%9 (191 Workers)
          Jul 6-8106 (2,198 Workers)106100%115 (2,389 Workers)
          Jul 9-15189 (3,614 Workers)171 (90.5%)171 (3,312 Workers)
          Jul 16-22211 (4,432 Workers)------
          Jul 23-2982 (2,378 Workers)------
          Jul 30 - Aug 5268 (4,441 Workers)------
          Aug 6-1266 (1,343 Workers)------
          Aug 13-19152 (3,124 Workers)------
          Aug 20-2668 (1,010 Workers)------
          Aug 27 - Sep 295 (1,503 Workers)------
          Total Cases Issued Final Decision and Positions Certified (for FY 2024 First Half Visa Cap)1,420 (25,818 Workers)

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          CW-1 Processing Times (updated as of close of business 9/2/2023) 

          Month of ReceiptTotal Cases Submitted6 & Positions RequestedTotal Cases Issued NOA or NODPercent Issued a First NOA or NODTotal Cases Pending - Post NOA or NOD Issued7Total Cases Issued Final Decision & Positions Certified
          October131 (535 Workers)131100%--131 (430 Workers)
          November130 (558 Workers)130100%--130 (328 Workers)
          December129 (593 Workers)129100%--129 (417 Workers)
          January138 (597 Workers)138100%--138 (441 Workers)
          February115 (420 Workers)115100%--115 (247 Workers)
          March126 (416 Workers)126100%--126 (314 Workers)
          April765 (2,971 Workers)765100%--765 (2,276 Workers)
          May540 (1,874 Workers)540100%2 (41 Workers)538 (1,393 Workers)
          June746 (2,856 Workers)

          Understanding PERM: A Path to Permanent Employment in the US

          For many foreign workers seeking to establish a permanent career in the United States, obtaining a Permanent Labor Certification, commonly known as PERM, is a crucial step in the immigration process. Issued by the Department of Labor (DOL), a PERM certification allows an employer to hire a foreign worker on a permanent basis within the United States. This certification is often a prerequisite for filing an immigration petition with the U.S. Citizenship and Immigration Services (USCIS).

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          The Role of PERM Certification

          The primary purpose of PERM certification is to ensure that the employment of a foreign worker does not adversely affect the wages and working conditions of similarly employed U.S. workers. To achieve this, the DOL requires employers to demonstrate that there are not enough qualified, willing, and available U.S. workers to fill the job opportunity in the intended employment area.

          Determining Eligibility

          Before beginning the PERM application process, employers must meet certain eligibility criteria. They must qualify as a U.S. employer with a valid Federal Employment Identification Number (FEIN) and maintain a physical location within the United States where U.S. workers can be referred.

          Furthermore, employers are required to obtain a prevailing wage determination for the job opportunity from the Office of Foreign Labor Certification’s (OFLC’s) National Prevailing Wage Center (NPWC) before submitting a PERM application. This determination establishes the minimum wage that must be offered to the foreign worker.

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          The PERM Labor Certification Process

          The process of obtaining a labor certification through the PERM program involves several key steps

          Step 1: Identify the Job Opportunity

          Employers must identify a permanent full-time job opportunity that could be filled by a foreign worker. The employer must clearly define the minimum requirements and job duties for the position. Job opportunities are typically categorized by occupation type, as defined by DOL regulations. These categories include non-professional occupations, professional occupations, special handling for college and university teachers, and even a clause for professional athletes.

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          Step 2: Obtain Prevailing Wage Determination

          Before filing a PERM application, the employer must request and receive a valid Prevailing Wage Determination from the NPWC. This determination ensures that the wage offered to the foreign worker aligns with industry standards and does not undercut the compensation of similarly employed U.S. workers.

          Step 3: Complete Pre-filing Recruitment and Notice of Filing

          The recruitment steps required for PERM vary based on the type of occupation. Specific regulations apply to non-professional and professional occupations (20 CFR 656.17), college and university teachers (20 CFR 656.18), and professional athletes (20 CFR 656.10). Additionally, all employers must comply with the Notice of Filing requirements (20 CFR 656.10), which involve informing U.S. workers about the job opportunity.


          Step 4: Submit the PERM Application

          To initiate the PERM application process, employers must register an account with Login.gov and create a FLAG (Foreign Labor Application Gateway) Account. This online submission process streamlines the application process, facilitates access to information, and enhances the efficiency of OFLC (Office of Foreign Labor Certification) in processing applications.

          Alternatively, employers may choose to submit their applications by mail. However, online submission is often preferred due to its efficiency and the immediate availability of the certified PERM labor certification upon approval. In summary, obtaining a PERM labor certification is a critical step for U.S. employers looking to hire foreign workers on a permanent basis. By following the prescribed steps and meeting the necessary requirements, employers can navigate the process successfully, facilitating the employment of foreign workers and contributing to the growth of the U.S. workforce.


          Current PERM Processing Time FQAs

          Q: What is the average processing time for a PERM application as of 2023?

          A: The processing time for a PERM application can vary depending on various factors, including the type of job and the backlog at the Department of Labor (DOL). However, as of 2023, the average processing time for different stages of the PERM application process is as follows:- Analyst Review: The average processing time for the analyst review stage is approximately 7 to 8 months. Audit Review: If your application is selected for audit, the average processing time for the audit review stage is around 9 to 10 months. Reconsideration Request to the CO (Certifying Officer): If you need to request reconsideration of your application, it can take an additional 7 to 8 months for the CO to review and make a decision.

          Q: Can I expedite the processing of my PERM application?

          A: No, there is no premium processing available for PERM applications. Unlike some other immigration processes, you cannot pay an additional fee to expedite the processing of your PERM application. The processing times are determined by the DOL and are generally not subject to expedited processing.

          Q: What should I do if my PERM application is delayed beyond the average processing time?

          A: If your PERM application is delayed beyond the average processing time and you have not received a decision, you can take the following steps:- Patience: PERM processing times can vary, and delays are not uncommon. It's essential to be patient and wait for the DOL to complete the review. Contact Your Employer: Reach out to your employer's HR or legal team to inquire about the status of your application. They may have insights or updates on the progress. Check Case Status: You can check the status of your PERM application on the DOL's website using your case number. However, be aware that this information might not always provide detailed updates. Contact DOL Helpdesk: Your employer or their legal representatives can contact the DOL Helpdesk for a status update on the application at [email protected]. As an employee, you typically cannot directly call the DOL for a status check. Consider Legal Counsel: If significant delays persist, consulting an immigration attorney with experience in PERM applications may be advisable. They can help assess your situation and provide guidance on the best course of action.

          Q: How are PERM processing times determined?

          A: PERM processing times are influenced by several factors, including the volume of applications received, the complexity of individual cases, and the resources available at the Department of Labor. The DOL updates processing times periodically based on their workload and capacity. These times are an average estimate and can fluctuate over time.

          Q: Can I change employers while my PERM application is in process?

          A: It is possible to change employers while your PERM application is in process, but it can be a complex and delicate situation. If you decide to change employers, it's crucial to consult with an immigration attorney to navigate the process correctly. Your new employer may need to file a new PERM application on your behalf, depending on the circumstances and the stage of your current application. Be sure to follow all legal procedures to maintain your immigration status during the transition.

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