The Department of Labor (DOL) issued updated PERM processing times as of July 01, 2024 for PERM applications and prevailing wage determination (PWD) requests. These updates provide crucial information for employers and foreign workers navigating the employment-based green card process. Understanding the current processing times is vital for planning and managing the various stages of the employment-based green card process, making this update a key resource for both employers and employees.

The updated processing times are as follows:

Prevailing Wage Determination Processing Times

The National Prevailing Wage Center (NPWC) is processing PWDs that were filed in December 2023 for OES wages and June 2023 for non-OES wages (this includes private wage surveys). There was no change in processing times for OES wages as of the last update provided in June. However, non-OES wages moved up one month.

Further, the NPWC is processing redetermination requests submitted in January 2024. In their previous June update, the DOL reported processing times were at December 2023.

Currently at Reddy Neumann Brown PC, we are seeing PWDs being issued in about 5-6 months.

PERM Processing Times

The DOL is processing PERM applications filed in June 2023. On average, the DOL is adjudicating PERM applications in approximately 388 days, which is up from 387 days as reported in June.

Further, the DOL is processing audits for PERM applications filed in December 2022. On average, processing times for audit review is 493 days, which is up from 478 days as reported in June.  Therefore, if a PERM application is audited, expect an additional 3-4 months for adjudication. Also, the DOL is processing PERM reconsideration requests that were submitted in September 2023.

Currently at Reddy Neumann Brown PC, we are seeing PERM applications approved (if not audited) in approximately 12 to 13 months, which is consistent with the average processing times reported by the DOL.

Update on Adjudication of the New PERM Application under FLAG

The DOL implemented a new ETA Form 9089 (PERM application) in the new Foreign Labor Application Gateway (FLAG) system in June 2023. With these changes, the DOL aimed to enhance efficiency in the DOL application review process. In June 2024, the DOL stated that it had about five-thousand PERM applications remaining in the legacy system and once those applications were adjudicated, the DOL would begin processing applications filed in FLAG.

At Reddy Neumann Brown PC, we are now receiving PERM approvals for June 2023 filings, indicating that the DOL has begun issuing decisions on applications submitted on the new ETA Form 9089 under FLAG. The recent PERM approvals for June 2023 filings are particularly significant given the major changes and uncertainties associated with the new ETA Form 9089 and filing system. These significant changes introduced additional complexities in the application process, making the recent approvals without audit notable achievements.

While we acknowledge the recent approvals, we have not yet observed any improvement in PERM processing times. Hopefully, in the coming months, we will see if the new system achieves the efficiencies it was designed to create. However, according to the DOL’s latest updates at the American Immigration Lawyers Association (AILA) conference in Chicago, IL, it seems unlikely that will happen. For example, the DOL reported a record number of filings across all programs. Despite requesting additional funding from Congress to manage the increased applications more effectively, funding has largely remained unchanged. Any increases the DOL has received have been offset by inflation. Moreover, the DOL’s funding from the H-1B ACWIA fee has decreased due to the decline in H-1B filings. Additionally, the DOL reallocates resources from the PERM program during peak seasons of the H-2A and H-2B programs to meet regulatory deadlines.

Extended processing times for both PWDs and PERM applications pose significant obstacles for employers and foreign workers alike. Remaining updated on PERM processing times is crucial for both parties. Employers should initiate the employment-based green card process as early as possible to avoid issues related to the foreign worker’s temporary work visa status. Moreover, individuals who qualify may explore alternative avenues to the PERM-based green card process, such as the EB-1A for Extraordinary Ability and the National Interest Waiver (NIW), which allow foreign workers to self-petition and bypass the PERM labor certification. Employees who do not qualify for the EB-1A or NIW may be eligible for sponsorship under the “Schedule A” Group II designation. Although “Schedule A” does require an employer sponsor, they are not required to conduct the labor market test.

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 12 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. She also works on a variety of nonimmigrant work visas (e.g. H-1B, TN, L-1). Krystal serves as the American Immigration Lawyers Association Houston Section Co-Chair, has hosted multiple educational webinars regarding a variety of Employment-Based Immigration topics, and has been interviewed by Forbes, where she discussed the PERM Labor Certification program and the challenges high-skilled immigrants and employers face in light of the unprecedented delays that have plagued the PERM program for years and was quoted in Bloomberg Law, where she provided insight into the effects of tech layoffs on the employment-based green card process for H-1B visa holders. Krystal has also been a speaker at the University of Houston where she discussed the variety of immigration-related options available to F-1 international students beyond graduation.