Current PERM Processing Times (December 2, 2014)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of December 2, 2014.

Current PERM Processing Times

This month does not bring much change in the PERM processing times – regular PERM cases still take around five months.     The processing time of PERM applications in audit increases slightly (by a month) compared to our prior monthly report.

The processing times, as reported by DOL, are as follows:

  • Regular processing: July 2014.  DOL is processing PERM applications with priority dates of July 2014.  There is no change in the expected duration of a PERM case compared to the October 2014 report.    Accordingly, regular PERM processing times should be around five months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    The PERM processing times have remained steady at five months — we hope that DOL will be able to decrease their regular PERM processing times over the next months.
  • Audited applications: May 2013.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of May 2013.  There is a slight delay of about one month in the expected PERM audit review time compared to last month’s report.    Accordingly, audited PERM applications are processed approximately 19-20 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): December 2014.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in December 2014.  There is no change in this category, compared to our last report.    Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The December 2014 PERM processing times report shows that the PERM processing times remain largely unchanged over the last couple of months.  We had noticed gradual decrease in the PERM processing times earlier in the year; however, the last one or two monthly reports suggest that the processing times remain steady.      We are hopeful that the trend of improvement in the processing times would continue in the next months.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

By | Last Updated: May 20th, 2017| Categories: Articles, News, PERM|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.