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
|Program Electronic Review Management (PERM)|
|U.S. Department of Labor (DOL)|
|- Certification of job opportunities for foreign workers.|
|- 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.|
|- ETA Form 9089 (Application for Permanent Employment Certification) - Documentation of the recruitment process, including job advertisements, recruitment reports, and any related supporting documents.|
|U.S. Department of Labor PERM Program|
|The 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:
- PERM Processing Time (Check Case Status) :- One of the most critical aspects of PERM processing time is the ability to check the status of your case. The DOL provides a system for tracking the status of labor certification applications, which can give applicants an idea of where their case stands in the queue.
- Check PERM on DOL Site? :- You can check the status of your PERM case on the official Department of Labor (DOL) website. However, access to this information is typically limited to your employer or attorney, as they are the ones who submit and manage the application.
- PERM Case Number :- Each PERM case is assigned a unique case number. This number is essential for tracking the progress of your application and for reference in all communications with the DOL regarding your case.
- PERM Case Status Check :- To check the status of your PERM case, you will need to enter your PERM case number. This allows you to estimate the approval time for your application. Additionally, you can see the PERM approvals that are currently being tracked.
- Is PERM the first step in the US green card process? :- Yes, PERM is indeed the first step in the U.S. green card process for employment-based categories. Both the PERM labor certification and the approval of an immigrant visa petition (such as Form I-140) are required before proceeding to the final stages of obtaining a green card.
- Does USCIS process PERM? :- No, the U.S. Citizenship and Immigration Services (USCIS) does not process PERM labor certification applications. The PERM process falls under the jurisdiction of the Department of Labor.
- Can I apply for PERM in premium processing? :- There is no premium processing option available for the PERM application. Premium processing is available for some other immigration-related applications but not for labor certification through PERM.
- How to contact DOL if PERM is delayed? :- If your PERM application is experiencing delays, your employer can contact the DOL Helpdesk for a status update. However, individual employees are generally not able to directly contact the DOL for updates on their PERM application.
- How many cases are selected for PERM Audit? :- Approximately 30% of PERM cases are selected for audit by the DOL. Auditing involves a review of job advertisements and employer documents to ensure compliance with labor certification requirements. Additionally, the DOL may conduct supervised recruitment to detect fraudulent applications.
- Can I apply for H1B 7th-year extension with pending PERM? :- You can file for an H1B 7th-year extension after completing a 6-year quota if your PERM application has been pending for more than 365 days, including audit time.
- Can I apply for H1B 7th-year extension with Approved PERM? :- You can apply for an H1B 7th-year extension if your approved PERM was filed more than 365 days ago on the last day of your H1B 6th year. To address potential issues, some attorneys recommend recapturing vacation time spent outside the USA and extending your 6th-year end date.
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:
- DOL Disclosure Data: The DOL periodically shares PERM approval data on its disclosure data page in an Excel sheet format. This data may be delayed by three months but is considered an official source of information.
- AM22Tech PERM Processing Time: AM22Tech collects PERM approval data from users and combines it with DOL's official PERM disclosure data to provide a current estimate of PERM processing times. Their app also offers an estimated approval time based on similar cases.
- Trackkit.com: This online tracking forum relies on user-contributed PERM case data, making it a useful resource for Indian employment-based applicants. However, it's important to note that this data is crowdsourced and may not always be up-to-date.
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.
PERM Status Meaning
The status of your PERM application can be classified into several categories:
- CERTIFIED: This status indicates that your PERM application has been approved and is valid for 180 days from the approval date.
- CERTIFIED EXPIRED: If your PERM application was approved but not used within six months to file Form I-140 with USCIS, it becomes "CERTIFIED EXPIRED." In such cases, a new PERM may need to be filed.
- WITHDRAWN: This status means that your employer has withdrawn the PERM application.
- DENIED: If your PERM application is denied by the DOL, it means that your application did not meet the required criteria.
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
- Check DOL's PERM Processing Time:- You can monitor the processing time for PERM applications by visiting the U.S. Department of Labor's (DOL) official website. The DOL regularly updates the processing times for various types of applications. To access this information, you can use the following link: DOL's PERM Processing Time. This page provides details about the average processing times for different types of PERM applications, helping you estimate how long it may take for your application to be reviewed and approved.
- Check Filing Date Using DOL's Permanent Case Management System:- If your attorney has filed Form 9089 (Application for Permanent Employment Certification) online, you can check the status of your PERM application using the DOL's Permanent Case Management System. This system allows you to track the progress of your application, view any updates, and receive notifications about changes in your case status. Your attorney or employer would typically have the necessary login credentials to access the system on your behalf. Make sure to coordinate with them to obtain the relevant information and updates regarding your application.
PERM Processing Times (as of 07/31/2023)
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
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)
|Aug 20 - 26||188||188||100%|
|Aug 27 - Sep 2||173||118||68%|
II. Average Case Processing Times (measured in calendar days)
|291||22 Calendar Days|
|171||34 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
|7,883 (126,040 Workers)||7,883||100%||--||7,883 (116,829 Workers)|
|813 (12,132 Workers)||813||100%||--||813 (9,876 Workers)|
|260 (4,357 Workers)||260||100%||1 (3 Workers)||259 (3,324 Workers)|
|110 (1,534 Workers)||110||100%||1 (105 Workers)||109 (947 Workers)|
|100 (1,060 Workers)||100||100%||1 (1 Worker)||99 (541 Workers)|
|63 (742 Workers)||63||100%||5 (48 Workers)||58 (264 Workers)|
|25 (426 Workers)||13 (52.0%)||11 (225 Workers)||2 (0 Workers)|
|9,223 (131,781 Workers)|
Applications Received for Requested Date of Need from Oct 1, 2023, through Mar 31, 2024
|1,789 (34,018 Workers)||1,789||100%||485 (9,804 Workers)||1,304 (23,268 Workers)|
|259 (5,656 Workers)||260||100.0%||143 (2,976 Workers)||116 (1,420 Workers)|
|9 (191 Workers)||9||100%||9 (191 Workers)|
|106 (2,198 Workers)||106||100%||115 (2,389 Workers)|
|189 (3,614 Workers)||171 (90.5%)||171 (3,312 Workers)|
|211 (4,432 Workers)||--||--||--|
|82 (2,378 Workers)||--||--||--|
|268 (4,441 Workers)||--||--||--|
|66 (1,343 Workers)||--||--||--|
|152 (3,124 Workers)||--||--||--|
|68 (1,010 Workers)||--||--||--|
|95 (1,503 Workers)||--||--||--|
|1,420 (25,818 Workers)|
CW-1 Processing Times (updated as of close of business 9/2/2023)
|131 (535 Workers)||131||100%||--||131 (430 Workers)|
|130 (558 Workers)||130||100%||--||130 (328 Workers)|
|129 (593 Workers)||129||100%||--||129 (417 Workers)|
|138 (597 Workers)||138||100%||--||138 (441 Workers)|
|115 (420 Workers)||115||100%||--||115 (247 Workers)|
|126 (416 Workers)||126||100%||--||126 (314 Workers)|
|765 (2,971 Workers)||765||100%||--||765 (2,276 Workers)|
|540 (1,874 Workers)||540||100%||2 (41 Workers)||538 (1,393 Workers)|
|746 (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.
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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