Current PERM Processing Times (January 4, 2016)

Our office handles many 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 January 4, 2016.

Quick Summary of the Current PERM Processing Times

Details and Analysis of the PERM Processing Times

The processing times report by DOL for this month suggests no change in the regular and audit PERM processing times compared to the last report we published in October 2015. Regular PERM cases should take around six to seven months now.

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

• Regular processing: June 2015. DOL is processing PERM applications with priority dates of June 2015. This report suggests that the processing times have remained steady. Accordingly, regular PERM processing times should be around six to seven months. Our office has experienced PERM approvals consistent with this timeline and we can confirm it. The PERM processing times have remained steady at around seven months over the last few months and we hope that DOL will be able to decrease their regular PERM processing times over the next months.
• Audited applications: November 2014. DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of November 2014. This processing times report indicates no change over the reports from the previous month. Accordingly, audited PERM applications are processed approximately 15 months after the initial PERM was filed and the priority date established.
• Appealed applications (requests for reconsideration to the Certifying Officer): August 2015. DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in August 2015. This metric shows that such requests take, on average, two months longer than during our last report.    Currently, it may take 4 to 5 months to hear from the Certifying Officer after a PERM case is denied and a request for appeal is sent to the Certifying Officer.
• “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 January 2016 PERM processing times report shows that the PERM processing times are mostly unchanged (except for motions for reconsideration to the certifying officer) but with a hint (and a hope) of a trend suggesting decrease in the PERM regular review and audit processing times. We are hopeful that DOL will be able to work on continuing this trend and bringing the PERM processing times down over 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.