Per the Department of Labor (DOL), the PERM processing time is usually nine months. In 2022, many cases took at least nine months to complete all the procedures, and in 2023, we assume that the time required for the PERM process would be similar. But before that, don’t you want to know what PERM is?
What is PERM?
PERM, or “Program Electronic Review Management,” is the foremost step while filing the immigrant visa based on employment for a foreign national employee.
The process includes,
- Filing an existing wage request to DOL ( Department of Labor) through the FLAG website. The DOL considers the request and issues the employer with a PWD (Prevailing Wage Determination). The issued PWD will contain the wage details for the respective position based on the experience the employer previously had or what is required for the specific job and the working location.
- Recruitment begins in order to ensure that no qualified US domestic worker has applied for the same position or the same job. Apart from these, there are several mandatory postings that an employer must place and those are:
- 30 days lasting advertisement with the state workforce agency
- An advertisement on two Sundays with any two popular regional newspaper
- Job notice for 10 consecutive days
- Any other three activities like on-campus recruiting, participating in the job fairs, and so on.
- Filing ETA Form- Once the mandatory period of 30 days has passed and it is found that no US domestic worker has applied for the position, then an online form is filed through the Department of Labor’s website.
Current PERM Processing Time in 2023
This is one of the most highly searched topics these days, as many want to know if there have been any changes in the processing time in 2023. In actuality, the PERM processing time is not fixed, it varies depending on the underlying factors and gets delayed until those steps are taken and approved. If you are looking for an estimation of how much time it could possibly take to complete each step, then here we go;
- PWD – Prevailing Wage Determination
- In order for the PWD the Department of Labor might take more than 194 days- including its approval process. Right now, the applications that were submitted last April are being reviewed. So you can guess how long it will take for you to complete the first step.
- After the determination of the prevailing wage, the case would be reviewed by experts from the labor department. For the analysis, it can take up to 249 days or more. Currently, many DOL expert analysts are reviewing the cases that were filed in February of 2022.
- Recruitment efforts- it is one of the final steps and is usually practiced after the completion of PWD formalities. Generally, recruitment efforts take 30-60 days which is 1-2 months.
- Form-9089- Once the form is filed, it might take a number of months to formally pass judgment on the PERM. However, the outcomes could be;
- PERM denial
- PERM approval
- PERM audit
If an audit is what the DOL suggests, then the employer will be required to send additional proofs, and that will of course consume additional days. Currently, the applications that get an audit take roughly 368 days to reach a decision.
The actual number of days reflects the time needed to process the application. This time could be different depending on the specifics of the case and other important facts.
Issuance of INITIAL NOD/NOA
NOD is the abbreviation for “Notices of Deficiency,” whereas NOA stands for Notices of Acceptance.
During the last week of December 2022, 831 cases were submitted, and 801 cases were in NOA/NOD In the first week of January 2023, a total of 741 cases were submitted, and 62 were in NOA/NOD.
PERM Status Check
In order to check the Department of Labor’s PERm status check, you can use the link provided, https://flag.dol.gov/processingtimes and you can also check the status every month to know the progress.
In case your attorney has filed the form online, you can still check the status via the Department of Labor’s Permanent Case Management System. https://www.plc.doleta.gov/splash.cfm
Filing PERM in Premium Processing
Right now, there is no premium processing available for applying for a PERM. If you are nearing your maximum out time, then you can use the premium to speed up filing a seventh-year H1B extension.
Can an Employee Call DOL Directly?
An employee cannot directly check the PERM status with the DOL, but an employer can. It can be monitored through plc.atlanta@dol.gov.
What Is the Number of Cases Selected for PERM Audit?
Auditing is done by requesting employer documents and job advertisements in nearly 30% of cases. The US DOL is also dedicated to finding fraud in recruitment.
Can We Check PERM on DOL Site?
You can definitely not track your PERM status online, as it can only be tracked by either your attorney or your employer on the official DOL FLAG website.
There are also a few other ways to dictate the current PERM processing time like,
- DOL Disclosure Data
Every three months, DOL updates the PERM approval information on its data disclosure page. It is usually made in an Excel sheet format. If you want, you can download it and check the past PERM case details. Such types of data usually take 90 days, but it is definitely the official source of truth.
- Trackkit.com
It is an online tracking forum that shows the user-contributed PERM data. Such kinds of data are well-known among India-based employment applicants.
PERM Case Number
When your attorney or employer creates your case in the online DOL for the first time, a number will be assigned to your PERM case. However, a PERM number and i140 number are different and they have separate purposes.
Is PERM the First Step in the Process of a US Green Card?
Yes, a PERM is a first and foremost step in the US green card process. The rest of the factors come second to PERM. PERM as well as PWD approval are mandatory for H1B and L work visa applicants.
PERM Green Card Priority Date
There is a Green Card Priority Date, and that is the date when you should file the PERM application with DOL. Typically, everyone is misled into believing that the PERM was filed with the DOL on the date the case was created online. However, Green Card Priority Date is different for employment based and family based green cards.
- Employment-based Green Card
If you’re looking for a green card PERM labor certification, then the date when DOL receives the ETA Form 9098 would be considered your green card priority date. If your green card doesn’t need any labor certification, then in that case, the priority date is the date the form was filed.
- Family-Based Green Cards
The green card priority date is the date when the USCIS – United States Citizenship and Immigration Services receives the Form 130 petition.
