Current PERM Processing Times (April 7, 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 April 7, 2016.

Quick Summary of the Current PERM Processing Times

Current Report
April 7, 2016
Processing
Time
Previous Report
January 4, 2016
Change
PERM Regular Nov 2015 5-6 months Jun 2015 Decrease by 1 month
PERM Audit Jul 2015 9-10 months Nov 2014 Decrease by 5 months
CO Reconsideration Dec 2015 4-5 months Aug 2015 No change

Details and Analysis of the PERM Processing Times

The processing times report by DOL for this month suggests that both the regular and the audit PERM processing times have improved (decreased) compared to the last report we published in January 2016. Regular PERM cases should take around five to six months now while PERM audits decrease notably to 9-10 months.

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

  • Regular processing: November 2015. DOL is processing PERM applications with priority dates of November 2015. This report suggests that the processing times have improved very gradually. Accordingly, regular PERM processing times should be around five to six months. Our office has experienced PERM approvals consistent with this timeline and we can confirm it.
  • Audited applications: July 2015. DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of July 2015. This processing times report indicates a significant decrease in the processing time for audited PERM cases from the previous report in January 2016. Accordingly, audited PERM applications are processed approximately nine to ten months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer): December 2015. DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in December 2015. This metric shows that such requests take, on average, about the same amount of time they used to compared to January.   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 April 2016 PERM processing times report shows that the PERM processing times are improving gradually for regular PERM cases and improving notably for PERM cases on audit.   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.

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.