PERM stands for Program Electronic Review Management. It’s also termed ETA Form 9089, which basically refers to a process through which an employer can hire a foreign national permanently in the U.S. for a specialty occupation.
In other words, it’s one of the most crucial methods that an employer may sponsor a foreign worker in pursuit of a green card. In this article, you’ll be informed about the recent processing time of PERM and associated components necessary for employment-based immigration in the U.S.
It’s to be noted that the processing times for both PERM applications and PWD (Prevailing Wage Determination) requests have been updated by the Department of Labor (DOL) as of January 31, 2024. Several factors influence the PERM processing times including the ways of its submission.
The PERM labor certification process is a necessary step in obtaining an employment-based green card.
Before knowing the PERM processing time, you must first understand the steps involved in PERM process:
- A detailed note (presented by the employer) on the duties and basic requirements for the position including the experience, education, and skills needed to perform the assigned/demanded roles.
- Filing of PWD request (by the employer) to determine the salary influenced factors such as job position, key requirements, location, and more.
- Abiding by the comprehensive recruitment process (including the posting of advertisements, and interviews of potential U.S. workers) to guarantee that the foreign national is employed (through a green card) to fulfill the gap traced in the domestic workers of the U.S.
- Filing Form ETA 9089 with the DOL for applying the PERM.
Due to a typo on the FLAG website, you’ll find that the National Prevailing Wage Center (NPWC) has been presently processing PWDs filed in July 2024. Nothing to worry! They meant July 2023 which, in fact, shows around seven months to process. Notably, the DOL is processing non-OES PWD requests (along with the ones based on private wage surveys) submitted in February 2023. The NPWC has also received redetermination requests submitted in June 2023 and these are also processed. This is about PWDS.
How much is the ETA 9089 processing time?
The processing time for the ETA 9089 form, which is part of the permanent labor certification process, can vary. The U.S. Department of Labor (DOL) provides estimated processing times on their website, which are regularly updated. However, it’s important to note that these processing times are subject to change and can be influenced by various factors, such as the volume of applications received and the complexity of individual cases.
The DOL’s processing times for the ETA 9089 form ranged from several months to over a year. However, it’s recommended to check the DOL’s official website or contact them directly for the most up-to-date processing time information.
Additionally, after the ETA 9089 form is processed by the DOL and approved, the application will proceed to the U.S. Citizenship and Immigration Services (USCIS) for further processing, which can also contribute to the overall processing time for obtaining a green card.
How much is the PERM processing time?
Notably, the applications filed in January 2023 or before, which are as old as over one year (393 days, to be precise), are worked upon by the DOL. Also, the PERM applications (filed in December 2022) audits are processed within the time frame of 480 days. If any PERM application undergoes an audit, you may expect that it’ll be time-consuming. An addition of 120 days stretches the processing time including the adjudication, leaving you with around 16 months right from the initial filing application. Besides, the DOL is processing the reconsideration requests for PERM applications filed in March 2023.
The processing time for PERM application (not undergoing audits) is similar to the average processing time cited by the DOL.
In recent years, the processing times for PERM applications and PWDs have increased. What’s more miserable is that the officials from the DOL’s Office of Foreign Labor Certification (OFLC) have indicated that there aren’t any signs of improvement. At the Practising Law Institute’s annual immigration law conference held on November 28, 2023, the DOL provided updates on the status of PERM processing. The following data reveals the past and present status, as of September 23, 2023:
- There were approximately 71,000 pending cases in the former PERM system
- 79,376 pending cases in the current FLAG system, which began handling all PERM submissions on June 1st.
The DOL attributed meagre processing times to a number of factors such as increased workload, inadequate funding, and inflation. Additionally, the DOL reported that resources from the PERM program are being reallocated to the H-2A and H-2B programs to meet regulatory deadlines. Moreover, the introduction of a new ETA Form 9089 and filing system in 2023 by the DOL leads to further delays. Such introduction wasn’t seamless, and there are still some unclear sides of it.
There’s also a noticeable rise in Requests for Further Information (RFI) on PWDs which is issued when the DOL requires more information about the job to appropriately assign a wage determination. Issuing a frivolous RFIs is problematic as it adds 3 weeks to the wage determination process after the employer’s RFI response.
The minimum time limit of 7 days provided by the DOL to employers or their legal representatives to respond to RFIs is another chief concern. This puts significant pressure on employers, especially when faced with multiple RFIs. In addition to this, individuals who qualify may explore alternative options such as the EB-1A for Extraordinary Ability and the National Interest Waiver, which bypass the PERM labor certification process and do not require a job offer. Such options can be beneficial for those who have extraordinary abilities in their field or have a significant impact on the U.S. national interest.
ETA 9089 processing time is same as PERM processing time?
No, the ETA 9089 processing time is not the same as the PERM (Program Electronic Review Management) processing time. ETA 9089 is the form used in the process of filing an application for permanent labor certification with the U.S. Department of Labor (DOL) as part of the employment-based green card process.
The processing time for the ETA 9089 form can vary depending on various factors such as the workload of the DOL and the complexity of the case. Generally, the DOL provides processing time information on its website, and it can range from a few months to over a year.
On the other hand, PERM processing time refers to the overall processing time for the entire labor certification process, which includes the filing of the ETA 9089 form, recruitment efforts, and review by the DOL. This process typically takes several months to complete.
It’s important to note that processing times can change over time, so it’s always a good idea to check the official websites of the DOL or the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date processing time information.
PERM Approvals
Each stage of the PERM process is important for obtaining PERM approval. It is necessary to be mindful of and ready for PERM audits, as they can impact approval rates and processing times.
If you experience significant delays or have questions about your application status, it is recommended to seek guidance from an immigration attorney. Following PERM approval, the next step in the Green Card process is submitting an I-140 petition to USCIS for classification as an Immigrant Worker.
The current processing time for PERM applications is estimated to be between six and twelve months, depending on the priority date.
The typical timeline for the I-140 process, including submission and finalization, can be reasonably assumed to be efficient when proper diligence is applied at each stage. After PERM approval, applicants are eligible to file the I-140.
Following PERM approval, the next step in the Green Card process is submitting an I-140 petition to USCIS to secure classification as an Immigrant Worker.
I 140 Fees and processing time
The typical processing time for an I-140 Petition by USCIS is four to six months.
The processing time for the I-140 Petition may be extended by an additional thirty to sixty days if the USCIS requests additional evidence, or by an additional 15 calendar days if premium processing was requested.
There are no restrictions on who may cover the fees and expenses associated with the I-140 Petition, unlike the PERM application.
An employer has the option to transfer all or some fees and expenses to the foreign national either during the I-140 petition process or through a repayment agreement if the foreign national leaves the employer within a set timeframe after obtaining permanent resident status.
If the priority date of the foreign national employee is current, the I-485 application can be submitted to USCIS at the same time as the I-140 Petition.
Additional Filing Fee for PERM
For an additional fee, the USCIS will process the petition within 15 calendar days through “premium processing.”
The USCIS has a filing fee for each I-485 application, with reduced fees for children under 14.
Payment of this fee, as well as any attorney fees or other expenses, may be made by the employer, employee, or a third party. Similar to the I-140 Petition, the employer may request the foreign national employee to reimburse all or part of legal and/or USCIS filing fees if they terminate employment within a specified period after becoming a permanent resident.
Are there any specific requirements or documents needed for filing the ETA 9089 form?
Yes, when filing the ETA 9089 form for the permanent labor certification process, there are specific requirements and documents that need to be included. Here are some key elements:
1. Job Offer:
The employer must have a bona fide job offer for a full-time, permanent position.
2. Prevailing Wage Determination (PWD):
Before filing the ETA 9089, the employer must obtain a PWD from the National Prevailing Wage Center (NPWC) to ensure that the offered wage meets or exceeds the prevailing wage for the occupation in the intended area of employment.
3. Recruitment Efforts:
The employer is required to conduct recruitment efforts to test the U.S. labor market. This typically includes advertising the job opening in specific ways and for specific durations. Documentation of these recruitment efforts must be included with the ETA 9089 form.
4. Recruitment Report:
A report summarizing the recruitment efforts and the results must be prepared and included with the ETA 9089 form.
5. Employer’s Supporting Documentation:
The employer is responsible for providing supporting documentation to demonstrate the necessity of hiring a foreign worker and that the job requirements are reasonable.
6. Alien’s Documentation:
The foreign worker (beneficiary) must provide certain documents such as educational credentials, proof of work experience, and any applicable licenses or certifications.
It’s important to note that the ETA 9089 filing process is complex, and specific requirements may vary depending on the job category and other factors. It’s advisable to consult the official websites of the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS) or seek the guidance of an immigration attorney for detailed and up-to-date information on the requirements and documentation needed for filing the ETA 9089 form.
Refer to the official DOL website or consult with an immigration attorney for the most current processing times.Average perm processing time for this step: 311 – 498 days.Navigating PERM AuditsA PERM audit is a request for additional documentation and information from the Department of Labor (DOL) regarding a submitted PERM application.
Refer to the official DOL website or consult with an immigration attorney for the most current processing times.
PERM Prevailing Wage determination processing times
This is a program run by US DOL and used as a wage source for issuing PWDs. 90% of the PWD applications use OEWS as the wage source.
OEWS Receipt Date: All PWD applications have a receipt date, which is basically the date US DOL received the PWD application from the employer.
The OEWS Receipt date means that the PWD applications submitted with US DOL used OEWS as the wage source.
Non-OEWS Receipt Date: The Non-OEWS Receipt date means that the PWD applications used Non-OEWS Wage sources such as DBA, CBA, SCA, etc.
Check Prevailing Wage Determination(PWD) Status Online, Predict Processing time If you are an applicant, you may be curious to check the status of your PWD application with US Department of Labor (DOL).
PERM Audit Process
The audit process seeks to detect fraud by analyzing job postings and employer documents.How does the PERM audit process impact the overall PERM Processing Time?On average, the audit review can take anywhere from 6 months to over a year.
It’s essential to note that the audit process is in addition to the standard processing time for a PERM application, which can also range from a few months to a year.
The audit process seeks to detect fraud by analyzing job postings and employer documents.
It’s essential to note that the audit process is in addition to the standard processing time for a PERM application, which can also range from a few months to a year.
Beginning in Fiscal Year 2020, the Program Record Layouts associated with each program disclosure file are substantially different from prior fiscal years and include a number of additional data fields extracted based on new visa application forms, appendices, and addenda implemented by OFLC through the new Foreign Labor Application Gateway (FLAG) System .
Beginning in Fiscal Year 2020, the Program Record Layouts associated with each program disclosure file are substantially different from prior fiscal years and include a number of additional data fields extracted based on new visa application forms, appendices, and addenda implemented by OFLC through the new Foreign Labor Application Gateway (FLAG) System .
Conclusion
These long processing times for both prevailing wage determinations and PERM applications present significant challenges for employers and foreign workers. Both parties must stay informed about these processing times to plan. Employers should begin the employment-based green card process at the earliest possible to avoid issues with temporary work visa status and the ability of foreign workers to continue working in the U.S.
It’s important to keep in mind that the green card application process can be complex and time-consuming. Therefore, one must consult with an immigration attorney who can provide guidance and assistance throughout the process. With a thorough understanding of the process and a solid plan in place, employers and foreign workers can better navigate the challenges of obtaining an employment-based green card in the U.S.
At h1bvisajobs.com, we understand the significant challenges that PERM processing delays pose to businesses and their employees. We are committed to providing our clients with comprehensive guidance through the complexities of the PERM labor certification process, especially during these trying times of extended processing times. Our dedication to our clients extends beyond mere assistance, and we strive to provide them with the support and resources they need to overcome the challenges of the PERM labor certification process. For more information about our lawsuit and how we can assist you in navigating the complexities of the PERM process, please visit our website.
Frequently Asked Questions
1. How to check PERM Status?
To check the status of your PERM application, you can visit the Department of Labor’s website and use the Foreign Labor Certification Data Center’s (FLCDataCenter) PERM case status search tool. To use the tool, you will need to enter your PERM case number, which can be found on your PERM application or receipt notice.
Once you’ve entered your case number, you’ll be able to view the current status of your PERM application. The status may include information such as the date the application was received, whether further information is required and whether the application has been certified or denied.
It’s noteworthy that processing times can vary and may be subject to delay, so it’s advisable to check the status of your application regularly and plan accordingly. If you’ve any concerns or questions about your PERM application, you may contact the National Prevailing Wage Center (NPWC) or the Department of Labor’s Office of Foreign Labor Certification (OFLC) for assistance.
2. What are the meanings of PERM status?
The PERM application status can have different meanings depending on the stage of the application process. Here are some of the common PERM status meanings:
- In Progress: This means that your PERM application is currently being processed by the Department of Labor.
- Audit Review: This status means that the DOL has selected your application for an audit and is reviewing it for compliance with regulations and requirements.
- Reconsideration: This status means that the DOL has received a request for reconsideration of a denied PERM application and is reviewing it again.
- Certified: This status means that your PERM application has been approved by the DOL and certified. This is a positive outcome, and it means that you can proceed to the next step in the green card application process.
- Denied: This status means that your PERM application has been denied by the DOL. This could be due to various reasons such as incomplete or inaccurate information, or failure to meet requirements and regulations.
3. Who processes the PERM?
The Department of Labor’s Office of Foreign Labor Certification (OFLC) processes the PERM applications.
How does the DOL determine the PERM prevailing wage?
The Department of Labor (DOL) determines the prevailing wage for a particular occupation and geographic location based on the data provided by the Bureau of Labor Statistics (BLS). The DOL uses four levels of wages to determine the prevailing wage for a specific occupation in a specific geographic area.
The wage level is determined by the job requirements, experience, education, and skills needed for the position. The employer must pay a wage that is at least equal to the prevailing wage for the occupation and location listed on the PERM application.