Employers sponsoring foreign national employees for permanent residence continue to navigate lengthy processing times at the U.S. Department of Labor (DOL). As of March 5, 2026, the DOL released updated processing times for both PERM Labor Certification applications and Prevailing Wage Determinations (PWDs), providing important insight into current government backlogs.

These updates serve as a key planning tool for employers and foreign national employees managing the employment-based green card process. As we move through March 2026, the data confirms that while some progress has been made in certain areas, significant delays remain.

Below is a closer look at current timelines and what they mean for employers and sponsored employees.

Prevailing Wage Determination (PWD) Processing Times

Where the National Prevailing Wage Center Currently Stands

The National Prevailing Wage Center (NPWC) is currently processing the following cases:

• OES wage requests (standard): Filed in December 2025
  
• Non-OES wage requests (private wage surveys): Filed in December 2025
  
• PWD redetermination requests: Filed in November 2025
  

These timelines provide a snapshot of how far the agency has progressed through its queue

Encouraging Signs: PWD Processing Has Improved

At Reddy Neumann Brown PC, we are currently seeing Prevailing Wage Determinations issued in approximately 3 months, which closely aligns with the DOL’s published processing times.

There has been a noticeable improvement in PWD processing times compared to prior months. Not long ago, average processing times were closer to six months, suggesting the DOL has made some progress in reducing its backlog.

That said, processing times can still fluctuate depending on several factors, including:

• Filing volumes
• Seasonal demand
• Agency staffing levels

As a result, employers should continue to plan conservatively when building immigration timelines.

PERM Labor Certification Processing Times

Current DOL Processing Queue

The DOL is currently processing:

• PERM applications: Filed in October 2024
  
• PERM audit cases: Applications filed in June 2025
  
• PERM reconsideration requests: Filed in September 2025
  

According to the DOL, the average PERM processing time is approximately 503 days, or about 16.5 months.

What We Are Seeing in Practice

Based on cases handled by Reddy Neumann Brown PC, PERM approvals for applications not selected for audit are currently taking approximately 16 to 17 months, which is consistent with the DOL’s published data.

On an H-1B? Here’s Why PERM Timing Matters More Than Ever

H-1B workers are generally limited to six years of total H-1B status. However, certain provisions allow extensions beyond that limit if the green card process has reached specific milestones.

These include:

• One-year H-1B extensions if a PERM application has been pending for at least 365 days
• Three-year H-1B extensions once the I-140 immigrant petition is approved and your priority date is not current

Because PERM processing alone now takes approximately 16–17 months, employers must start the process early enough to secure these extension options before the employee approaches the six-year limit.

The New $100,000 H-1B Fee Risk

Recent developments have also introduced an additional consideration for employers relying on H-1B extensions.

If the PERM process is not started early enough, an employee approaching the six-year H-1B limit may not yet qualify for:

• A one-year extension based on a pending PERM, or
• A three-year extension based on an approved I-140
  

In these situations, the employee may be required to depart the United States and later seek to reenter in H-1B status once one of the above criteria has been met. Under the recent proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” this scenario could potentially trigger a $100,000 H-1B fee for certain employers seeking to bring the individual back to the United States.

Previously, while it was never ideal for an employee to reach the six-year limit before qualifying for an H-1B extension, departing the United States was often a manageable workaround. In many cases, once the required milestone, such as a pending PERM for 365 days or an approved I-140, was reached, the individual could return in H-1B status without significant difficulty.

However, with the implementation of this new fee under certain circumstances, what was once an inconvenient scenario may now become a significant financial and operational hurdle for employers. As a result, starting the PERM process early has become even more critical to avoid unnecessary costs, disruption to business operations, and potential interruptions to an employee’s ability to work in the United States.

Planning Ahead in Today’s Delayed PERM Environment

Given the current timelines, proactive planning has never been more important. Employers and foreign national employees who monitor processing trends and start early are better positioned to avoid disruption.

Practical strategies include:

• Starting the PERM process as early as possible
• Aligning immigration strategy with workforce planning
• Preparing I-140 documentation in advance
• Anticipating the need for H-1B extensions and closely monitoring the six-year limit
• Reducing risks to work authorization and business operations
  

At Reddy Neumann Brown PC, we closely track PERM and Prevailing Wage developments and provide clients with practical, forward-looking guidance.

Although the current environment requires patience, early planning and informed strategy remain the most effective tools for navigating government delays and keeping the employment-based green card process moving forward as smoothly as possible.

By: Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC and 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 with Reddy Neumann Brown PC. Krystal also guides employers and individuals through the I-140 and Adjustment of Status process, and assists clients with temporary work visa petitions (e.g., H-1B, TN, L-1, E-2). With over 13 years of immigration experience, Krystal is able to advise her clients with confidence and recognize any potential pitfalls that may arise.