PERM Processing Timelines in 2024.

The Permanent Labor Certification (PERM) is a crucial part of the U.S. employment-based immigration process, serving as a gateway for foreign workers seeking permanent residency. It requires employers to prove that no qualified U.S. workers are available for a specific position before hiring foreign talent.This process protects the U.S. labor market by ensuring American citizens are prioritized for job opportunities. Employers must engage in comprehensive recruitment efforts, which include advertising the job and documenting their search for U.S. candidates.Understanding the PERM process is vital for both employers and prospective immigrants.For employers, knowledge of the requirements and current processing times aids in strategic hiring.For immigrants, being informed about PERM is essential for navigating their immigration journey. Overall, PERM balances the needs of employers with the rights of American workers, making it a key component of employment-based immigration.

 

What is PERM for Immigration?

PERM is the first step in obtaining a Green Card or an employment-based immigrant visa for foreign workers. This process involves critical stages designed to protect the U.S. labor market.

Key Stages of the PERM Process

1. Prevailing Wage Determination (PWD): Employers must submit a request for a prevailing wage to the Department of Labor (DOL) using the ETA 9141 form via the FLAG website. This request establishes the appropriate wage based on job location and qualifications.
2. Recruitment Process: Employers must conduct a comprehensive recruitment effort to ensure that no qualified U.S. workers are available for the position. This includes:
   • Posting job ads with the state workforce agency for 30 days.
   • Placing ads in a major regional newspaper on two different Sundays.
   • Displaying a job notice at the worksite for ten consecutive days.
   • Engaging in three additional recruitment activities.
3. Filing ETA Form 9089: Once recruitment is complete, employers file Form ETA 9089 online via the DOL’s website, documenting job details and the recruitment process.

By following these steps, employers comply with U.S. labor laws while facilitating the hiring of skilled foreign workers.

PERM Processing Timelines in 2024

The PERM process timeline can vary significantly. Below is an updated overview of each step and the current estimated processing times:

Recruitment Efforts

• Timeframe: 30 to 60 days.
• Details: This involves comprehensive job advertisements to ensure no qualified U.S. workers are available.

Prevailing Wage Determination

• Current Processing Time: Approximately 168 days.
• Details: The DOL is currently reviewing applications submitted as of June 2023. Some cases may require further review, which can extend the timeline to over 346 days.

Form ETA 9089 Processing Time

• Current Processing Time: Approximately 387 days.
• Details: After filing the ETA Form 9089, the DOL currently averages 387 days for initial reviews, leading to outcomes such as approval, denial, or audit.

PERM Audit

• Current Processing Time: Over 478 days.
• Details: Applications flagged for audit require additional evidence, significantly delaying the process.

Several factors contribute to extended PERM processing times:

1. Increased Workload: A surge in applications has overwhelmed the DOL.
2. Limited Funding: Inadequate resources have slowed processing capabilities.
3. New Filing Systems: The introduction of updated systems, including the new ETA Form 9089, has caused delays.

Strategies to Navigate PERM Delays

To mitigate delays, employers can adopt several strategies:

1. Start Recruitment Early: Initiating the recruitment process while awaiting the PWD can reduce overall processing time.
2. Prepare Accurate Documentation: Ensure all forms and supporting documents are complete and accurate to avoid delays.
3. Stay Informed: Regularly check updates from the DOL on processing times.
4. Meticulous Record-Keeping: Maintain detailed records of all recruitment activities to ensure compliance.
5. Consult Legal Experts: Working with immigration attorneys can provide valuable insights into navigating the process efficiently.

Next Steps to Green Card

After Form ETA 9089 is approved, the next step is filing Form I-140 with USCIS.

Key Processes and Timing Considerations

1. Form I-485 (Adjustment of Status): If already in the U.S., applicants file Form I-485 to adjust their status. This can only be done once the priority date is current, tracked via the Visa Bulletin.
2. Consular Processing: For those outside the U.S., this involves submitting documents to the National Visa Center (NVC) and attending an interview at a U.S. consulate.
3. Work Authorization (EAD): Dependents can apply for an Employment Authorization Document (EAD) after I-140 approval, allowing them to work legally while waiting for the green card.
4. Maintaining Nonimmigrant Status: It’s essential to maintain current visa status while awaiting the green card.
5. Monitoring Priority Dates: Regularly check the Visa Bulletin to know when to file Form I-485 or proceed with consular processing.

Green Card Processing Time

Processing times for green cards can vary based on several factors:

• EB-2 and EB-3 Visas: Typically take between 12 to 36 months. The EB-2 is for individuals with advanced degrees or exceptional abilities, while the EB-3 is for skilled workers.
• I-140 Processing: Generally ranges from 6 months to over a year. Premium processing can expedite this to about 15 calendar days.
• Adjustment of Status (I-485): Can take approximately 8 months to over a year.
• Consular Processing: Often quicker than adjustment of status but depends on the consulate’s scheduling.

Streamlining the Labor Certification Process

The PERM process in 2024 can be complex, but understanding each step and staying informed about current processing times can make a significant difference. Employers benefit from early recruitment efforts, accurate documentation, and consulting experienced immigration attorneys.By being proactive and well-prepared, employers can streamline the PERM application process, ensuring they can hire skilled foreign workers without unnecessary delays.

Tools and Resources for Immigration Professionals

Immigration lawyers can enhance the chances of a smooth PERM process by utilizing immigration forms management software like Docketwise. These systems streamline the application process and help ensure compliance.Moreover, immigration attorneys are invaluable for preparing for and responding to audits, ensuring that documentation meets regulatory standards. By using tools like Docketwise, attorneys can save time and improve case management efficiency.