Employers sponsoring foreign national employees for permanent residence must navigate ongoing lengthy processing times at the Department of Labor (DOL). As we move through 2026, PERM labor certification applications continue to experience significant backlogs. Understanding current trends and implementing a proactive strategy is essential to minimizing disruption, preserving workforce continuity, and avoiding unnecessary delays in the employment-based green card process.

Quick Overview of the PERM Process and Timelines

The PERM process first begins with the employer developing a clear and accurate job description for the sponsored position. Generally, the employer will need to provide the job duties, job description, and minimum requirements for the sponsored position. Once the job description is finalized, the employer will need to request a Prevailing Wage Determination (PWD) from the National Prevailing Wage Center. The DOL is currently reporting processing times of approximately 6 months. However, in practice, we are seeing many PWDs issued in closer to 3 months, reflecting a noticeable improvement. Even so, employers should conservatively plan for roughly four to five months for a standard Occupational Employment and Wage Statistics (OEWS) wage request, with additional time required for redeterminations, private wage surveys, or more complex wage determinations. It’s important to remember that processing times fluctuate. General processing times are typically updated monthly here: https://flag.dol.gov/processingtimes.

Once the prevailing wage determination is issued, the employer must conduct a series of recruitment activities for the sponsored position to test the U.S. labor market for able, willing, qualified, and available U.S. workers. The recruitment process involves advertising in multiple DOL mandated mediums. Based on strict regulatory timelines, it will take a minimum of 60 days for employers to complete recruitment. However, the recruitment process often exceeds 60 days for multiple reasons. If no able, willing, minimally qualified, and available U.S. worker is found through this recruitment process, the employer can file the PERM application with the DOL. Once filed, the DOL is currently taking approximately 16 to 17 months to process. Applications selected for audit can extend total processing beyond that timeframe.

Strategic Planning for Employers

Delays in PERM processing can have a significant impact on the overall green card timeline. Employees who are not sufficiently far enough into the process may face gaps in employment authorization (e.g. H-1B workers reaching 6 year limit). Careful planning at this stage is therefore essential to maintain continuous work eligibility and ensure a smooth path to permanent residence. Employers should keep the following in mind:

• Start the green card process early: Although employers cannot control DOL backlogs, they can meaningfully reduce avoidable delays through careful preparation. One of the most important considerations is starting the employment based green card process early. For example, evaluating green card sponsorship no later than the employee’s third year in H-1B status, well before reaching the 6-year limit, provides sufficient time to accommodate PWD processing, recruitment requirements, PERM adjudication, and the possibility of audits. Building in conservative time buffers is especially important in the current backlog environment.
• Draft an accurate and defensible job description: Additionally, careful drafting of the job description is equally critical. PERM audits can be triggered by inconsistencies, overly restrictive requirements, or job criteria that appear tailored to the foreign national employee. Employers should confirm that minimum requirements reflect actual business necessity and standard hiring practices. Requirements should be consistent with prior recruitment and internal policies, and alternative combinations of education and experience must be analyzed carefully. Inflated or inconsistent job requirements may increase audit risk and can lead to lengthier processing times.
• Plan the Prevailing Wage Determination (PWD) strategically: Prevailing wage strategy also plays a key role in minimizing delays. Employers should file the PWD request as early as possible and evaluate the potential wage associated with the minimum requirements in advance to help avoid surprises that might require restructuring the role or restarting the process. Also, a frequent question is whether employers can begin recruitment while the PWD request is still pending. The regulations do not require the prevailing wage to be issued before recruitment starts, although it is required to file the PERM application. In time-sensitive situations, such as when an employee is nearing the H-1B six-year limit, overlapping recruitment with PWD processing may reduce the overall timeline. However, this approach requires careful evaluation. If the PWD is issued at a higher wage than anticipated, the employer must be prepared to meet that wage upon permanent residence approval and ensure that recruitment advertisements remain consistent with the final job terms. If material changes are necessary after the wage is issued, recruitment may need to be redone, eliminating any time saved. Before proceeding with this strategy, employers should speak with an immigration attorney to go over the pros and cons in detail.
• Maintain attention to detail in PERM filings: Before submitting a PERM application, it is essential to ensure that every section of the form is completed accurately, including avoiding typographical errors. The PERM process was designed to streamline labor certification, but the DOL takes errors seriously; even minor mistakes can result in denial. To prevent delays or denials, the application should be carefully reviewed for both substantive and non-substantive errors before submission.
• Conduct periodic internal immigration reviews: Employers should also conduct periodic internal immigration reviews to monitor visa expiration dates, H-1B 6-year limits, and broader workforce planning goals. Aligning immigration strategy with business forecasting, restructuring plans, and long-term talent retention goals reduces the chance for workforce disruption.

Closing Insights

While 2026 PERM and PWD processing times remain lengthy, employers who adopt an early, organized, and compliance focused approach can significantly reduce risk. Strategic planning, accurate job drafting, thorough recruitment documentation, proactive audit readiness, and careful wage analysis are the most effective tools available in today’s backlog environment. By understanding current processing trends and building realistic timelines into workforce planning, employers can better manage expectations and support their foreign national employees through each stage of the employment-based green card process.

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.