The PERM process is one of the most important steps for many professionals wanting to live and work permanently in the United States. It is the foundation of many employment-based Green Card applications. But most applicants want to know how long does the PERM process actually take?
The answer is not simple. The timing depends on many factors, including government backlogs, employer preparation, and even random audits. In this guide, we will explain every step of the process, typical timelines, and what you can do to manage the wait more effectively.
PERM Process in 4 Steps
PERM stands for Program Electronic Review Management. It is managed by the U.S. Department of Labor (DOL). The goal is to confirm that no qualified U.S. worker is available for the job offered to the foreign worker.
Before an employer can sponsor someone for an EB-2 or EB-3 Green Card, the PERM process must be completed. It ensures that hiring a foreign professional will not hurt U.S. workers in the labor market.
The process requires a mix of legal filings, job advertisements, and careful documentation. Each step adds time, and any mistake can cause delays or even denials.
Step 1: Prevailing Wage Determination
The first stage is the prevailing wage request. The employer submits Form ETA-9141 to the Department of Labor. This form asks the DOL to determine the minimum wage for the offered position, based on job description and location.
The DOL uses its database (OES – Occupational Employment Statistics) to decide the prevailing wage. The employer must pay the foreign worker at least this wage once the Green Card is approved.
Timeline for Prevailing Wage
The processing time for prevailing wage requests is usually six to eight months. However, backlogs can extend it further. In some busy seasons, employers have reported waiting nine to ten months.
This is one of the longest parts of the PERM process. It cannot be skipped, and employers must wait until the DOL issues the official wage determination.
Step 2: Recruitment Process
After the prevailing wage is issued, the employer must complete recruitment. This step is required to test the U.S. labor market. The employer must show that no qualified U.S. worker is available and willing to take the job.
Recruitment includes three mandatory ads: a Job Order with the State Workforce Agency, two print ads in a Sunday newspaper, and internal posting at the employer’s workplace. For professional jobs, the employer must also do at least three additional steps. These can include job fairs, online postings, campus recruitment, or trade journals.
The minimum recruitment period is 60 days. That includes a 30-day posting period and a 30-day waiting period. In practice, many employers take two to three months to complete this step.
Step 3: PERM Application Filing
Once recruitment is complete and no qualified U.S. worker is hired, the employer files the PERM application. This is done electronically using Form ETA-9089.
The application includes detailed information about the job, the employer, the recruitment steps, and the foreign worker’s qualifications. These documents must be accurate. Even a small error in job title or address can cause rejection.
Filing is instant, but once submitted, the application enters the Department of Labor’s queue. From here, the waiting begins.
Step 4: PERM Processing Times
The Department of Labor processes PERM applications in the order they are received.
- Regular Processing: On average, PERM cases take eight to ten months.
- Audited Cases: If a case is selected for audit, the timeline can extend to 12–18 months.
- Appeals or Reconsideration: If denied and appealed, it can take even longer, often two years or more.
The DOL updates its processing times monthly. But the timelines shift based on the number of applications received and the staffing resources available.
Read also: What is PERM Application? How to Apply?
Factors That Impact Timing
Delays in the PERM process often come from backlogs at the Department of Labor (DOL). When a large number of employers submit applications at the same time, the system slows down. This is one of the most common reasons why applicants wait longer than expected.
Another factor is complex job descriptions. If the role has unusual or highly specific duties, the DOL may take extra time to review the application. They want to confirm that the job is not tailored too narrowly to exclude U.S. workers. The more unique the job appears, the closer the review.
The employer’s history also plays a role. Employers who have made errors in past filings may face longer reviews. The DOL looks more carefully at companies with a record of mistakes to ensure everything is accurate this time.
In some cases, random audits cause more waiting. Even strong and well-prepared applications can be selected for an audit. When this happens, the employer must provide extra documents, and the case can be delayed for many months.
Finally, attorney preparedness can make a major difference. Well-prepared applications smoothly move through the system. Errors in forms, missing records, or inconsistent details often lead to requests for evidence or denials, which slow down the process dramatically.
Realistic End-to-End Timeline
To understand the entire PERM journey, it is useful to look at the process from start to finish:
- Prevailing Wage: 6–8 months.
- Recruitment: 2–3 months.
- PERM Filing to Approval: 8–10 months.
Total: 16 to 21 months for most cases. If an audit occurs, add another 6 to 12 months.
This means the PERM process, in general, takes a year and a half to two years. Applicants should plan accordingly.
Furthermore, the PERM process is only the first step. After approval, the employer can file Form I-140 with USCIS. This is the immigrant petition for alien worker.
If the worker’s priority date is current, the next step is filing Form I-485 (Adjustment of Status). If the worker is outside the U.S., they must go through consular processing.
These stages have their own timelines, often several additional months. So the journey to a Green Card does not end with PERM approval.
How to Reduce Delays
There are also ways to reduce delays. The first step is to start early. Prevailing wage requests alone can take many months, so beginning the process as soon as possible gives you more flexibility.
It is also important to provide detailed and accurate job descriptions. Clear language helps the DOL understand the role and prevents unnecessary questions.
Employers should keep thorough records of all recruitment efforts. Every advertisement, job posting, and resume review must be documented. These records are essential if the case is audited.
Working with an experienced immigration attorney can also save time. Attorneys who know the process can spot errors before submission and prepare applications that meet DOL standards.
Finally, it helps to monitor DOL’s monthly updates. The Department regularly publishes estimated processing times. Checking these updates allows employers and applicants to plan better and set realistic expectations.
Common Mistakes That Cause Delays
Several errors often lead to longer wait times. Inaccurate job duties or requirements in the application can raise red flags. Missing or inconsistent recruitment records also cause problems, since the DOL relies heavily on these documents to confirm that no U.S. worker was available.
Using outdated forms or ignoring updated instructions is another common error. Even small formatting issues can result in rejection. Submitting duplicate or overlapping applications can confuse the system and extend timelines unnecessarily.
PERM in Numbers
To give a clearer picture, here is a breakdown of average PERM timelines:
| Stage | Normal Processing Time | With Audit / Delays |
|---|---|---|
| Prevailing Wage | 6–8 months | 9–10 months |
| Recruitment | 2–3 months | 3–4 months |
| PERM Filing to Approval | 8–10 months | 12–18 months |
| Total | 16–21 months | 24–30 months |
The PERM process is detailed and time-consuming. On average, applicants should expect the entire process to take one and a half to two years. Audits or backlogs can extend this even further.
If you are considering the PERM process, the key is patience and planning. By knowing what to expect, you can reduce stress and move forward with confidence toward your Green Card goals.
📩 For personalized assistance with your case, contact us at info@grapelaw.com. Let’s identify the best immigration route for your leadership team’s next chapter in the United States.
Categories
