The Department of Labor (DOL) issued updated PERM processing times as of September 30, 2023 for PERM applications and prevailing wage determination (PWD) requests.  The updated processing times are as follows:

Prevailing Wage Determination Processing Times

According to the DOL, the National Prevailing Wage Center (NPWC) is processing PWDs that were filed in February 2023 for both OES and non-OES wages.Further, the NPWC is processing redetermination requests submitted in March 2023.

Currently at Reddy Neumann Brown PC, we are seeing PWDs being issued in about 6-7 months.

PERM Processing Times

The DOL is processing PERM applications filed in November 2022 (and earlier). On average, the DOL is adjudicating PERMs in approximately 326 days.

Further, the DOL is processing audits for PERM applications filed in July 2022. On average, processing times for audit review is 489 days.  Therefore, if the PERM application was audited, expect an additional 5 months for adjudication. Also, the DOL is processing PERM reconsideration requests that were submitted in January 2023.

Currently at Reddy Neumann Brown PC, we are seeing PERM applications approved (if not audited) on average in about 10 to 10.5 months, which is consistent with the average processing times reported by the DOL.

Long PERM processing times for both prevailing wage determinations and PERM applications persist and continue to be a major problem for employers and foreign workers. We do not anticipate that PERM processing times will improve in the near future. The government has indicated in the past that delays are due to lack of funds and resources to handle the increased workload. Also, this year the DOL implemented a new ETA Form 9089 and a new filing system, which could potentially lead to additional delays in processing PERM applications.  Therefore, remaining informed about PERM processing times is crucial for both employers and employees. Employers should plan to begin the employment-based green card process as early as possible to avoid potential issues with the foreign worker’s temporary work visa status and ability to work in the U.S. beyond the employee’s maximum period of stay.

At Reddy Neumann Brown PC our team is dedicated to helping our clients navigate the complex PERM labor certification process and the challenges long PERM processing times continue to cause (Navigating PERM Processing Times: Updates and Strategies to Minimize Delays). Our litigation team at Reddy Neumann Brown PC understands the hardship PERM delays have caused both employers and their employees and have therefore filed a lawsuit to hold the DOL accountable for their unreasonable delay. For more information, visit: https://www.youtube.com/watch?v=izjgEnNbdkw.

As an immigration law firm that has been serving our clients for over 25 years, our team is here to offer prompt, practical, and professional advice, whether you’re a company seeking to hire top talent to grow your business or a foreign worker wanting to develop a career in the United States.  

If you have any questions, please schedule a consultation with one of our attorneys at https://appointments.rnlawgroup.com/.

By Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC with over 10 years of experience practicing U.S. business immigration law. Krystal manages the firm’s PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment-based green card matters. Krystal guides clients from a variety of industries through the maze of the PERM Labor certification process and has handled thousands of PERM applications throughout her career. Krystal guides employers through the I-140 and Adjustment of Status process, and assists clients with temporary work visas. Further, she oversees the firm’s I-9 compliance team where she advises employers regarding Form I-9 Employment Eligibility Verification requirements and conducts internal audits of a company’s I-9 records, processes, and procedures. Additionally, Krystal represents clients in Form I-9 U.S. Immigration and Customs Enforcement (ICE) inspections (Notice of Inspection). Krystal successfully settled a claim with ICE over Form I-9 substantive paperwork violations that led to an 88% reduction in civil fines for her client.