ERM Processing Times: Latest Updates, Check Status [2024/2025]

Current DOL PERM Processing Times

The Department of Labor (DOL) data reveals record-breaking PERM processing times at the start of 2024. Standard PERM applications now take 468 days for analyst review. Audit reviews stretch even longer to 496 days.

The current processing queue shows these timelines:

• Analyst Review: Cases filed in September 2023
• Audit Review: Cases from December 2022
• Reconsideration Requests: Applications from July 2024

Individual case circumstances can substantially change actual processing times. Regular PERM applications need about 14 months and 15 days. Audited cases take longer at roughly 16 months and 11 days.

The DOL’s system works by “processing month” instead of a strict first-in/first-out basis. Cases from the same processing month often move at different speeds. The new Form ETA 9089’s introduction through the FLAG system in June 2023 has changed how the process works.

Recent DOL data matches our real-world observations. Processing times will likely stay high in the near future. This knowledge helps employers and foreign workers plan their immigration timelines better.

Check PERM Status Online, Predict Processing time

You need to understand the tools and their limits to track your PERM application status. The Department of Labor’s FLAG system serves as the official platform to check PERM status, and only employers and their authorized attorneys can use this system.

The legacy PLC DOLeta website works best to check applications filed before May 31, 2023. Applicants need their employer’s or attorney’s help to get status updates because they can’t access the system directly.

Here are the proven ways to track and predict PERM processing:

• Official DOL FLAG System: Access restricted to employers and attorneys
• DOL Disclosure Data: Quarterly updates with historical approval data
• Third-party Tracking Tools: Services like AM22Tech and Trackkit
• Case Status Notification Systems: Automated updates through specialized platforms

The OFLC PERM Helpdesk at plc.atlanta@dol.gov can help with cases filed more than three months before the current processing month. Recent data shows analyst reviews take about 468 days, and audit reviews stretch to 496 days.

Note that your application’s processing time can change by a lot based on your specific case. The best approach is to use multiple tracking methods to understand your application’s progress better.

Understanding PERM Processing Timeline

The PERM processing timelines show a complex system that multiple variables affect. Let’s take a closer look at the processing windows and factors that shape today’s timeline patterns.

Current DOL Processing Windows

The Department of Labor’s processing structure shows analyst reviews need 468 days for standard applications. Audited cases need 496 days to process. Applications don’t follow a strict first-in/first-out order. The DOL processes them by “processing month” instead.

Regional Processing Time Variations

Processing times differ across regions, especially in wage determinations. To cite an instance, software developer’s widespread wages show notable differences between technology hubs like Boston and San Francisco. These regional differences create a big impact on processing timelines and employer’s decisions.

Factors Affecting Processing Speed

The current processing dynamics stem from several elements:

• H-2B seasonal visa processing takes priority
• Application processing faces limited departmental funds
• The new FLAG system’s implementation creates changes
• Resource constraints emerge from increased application volume

H1B visa holders approaching their six-year limit face a critical situation. Tasks that once took 8-9 months now need 18 months or more to complete. The Department of Labor introduced the new Form ETA 9089 through FLAG to streamline processes. The system’s ability to reduce these lengthy timelines remains under evaluation.

Green Card PERM Labor Certification (LC) Processing Steps

The Department of Labor has strict guidelines for PERM certification process. Let us walk you through everything you need to know. Here’s a detailed breakdown of the main stages:

1. Initial Job Assessment and Documentation

   • Define permanent full-time position requirements
   • Document minimum qualifications and duties
   • Line up job requirements with DOL regulations

2. Prevailing Wage Phase

   • Submit online prevailing wage request to DOL
   • Standard cases take 6-8 months to process
   • Union positions need up to 10 months

3. Recruitment Campaign

   • Place two Sunday newspaper advertisements
   • Post internal notice for 10 consecutive business days
   • Maintain 30-day state workforce commission job order
   • Complete three additional recruitment activities from DOL’s approved list

4. Application Submission and Processing

   • File Form ETA-9089 electronically through FLAG system
   • Analyst reviews currently take 468 days
   • Audit reviews extend to 496 days

The PERM certification stays valid for 180 days after approval. Your employer must file the I-140 immigrant petition with USCIS during this time. Note that employers must legally cover all PERM-related costs when using shared legal representation.

PWD Processing Time Analysis

Recent Prevailing Wage Determination (PWD) processing data reveals important patterns in the Department of Labor’s handling of different application types. Data analysis shows that 90% of PWD applications employ OEWS as the wage source.

Latest PWD Processing Statistics

National Prevailing Wage Center (NPWC) currently processes PWDs filed in April 2024. These timelines align with standard processing periods, though some determinations move faster.

OEWS vs Non-OEWS Processing Times

Data analysis highlights key differences between application types:

• OEWS applications: Currently processing May 2024 submissions
• Non-OEWS applications: Also processing May 2024 cases
• Private wage surveys: Match similar timelines

Redetermination Request Timelines

NPWC processes redetermination requests more quickly. Current focus remains on requests submitted in July 2024 for PERM cases. Employers benefit from these faster redetermination timelines when they need to address wage determination issues.

Processing times vary based on application volumes and DOL resource allocation. FLAG system implementation brings new elements to processing efficiency. Our team monitors these changes closely.

PERM Application Tracking Methods

Understanding tracking tools helps you monitor your PERM application’s progress. The Department of Labor provides official tracking methods, and additional options are a great way to get information about your application’s status.

Official DOL FLAG System Access

The Foreign Labor Application Gateway (FLAG) is the main platform to track PERM applications. It’s worth mentioning that only employers and their authorized attorneys can access the system directly. You should work with your employer’s legal team if you need status updates.

Third-Party Tracking Tools

Several reliable options complement the official tracking methods:

• Case management platforms
• Timeline prediction tools
• Status aggregation services
• Processing time calculators

Case Status Notification Systems

Automated notification systems are the quickest way to track your application’s progress. You should contact the OFLC PERM Helpdesk at plc.atlanta@dol.gov if your case was filed more than three months before the current processing window. Current metrics show analyst reviews take 468 days, and audit reviews extend to 496 days.

Many applicants struggle to check their status independently. The official FLAG.dol.gov platform gives the most accurate processing time information, so avoid random websites. Processing times can vary based on individual case circumstances and material facts.

Impact of Audits on Processing

PERM processing delays and audits create a major hurdle in the certification process. The Department of Labor targets about 30% of PERM cases for audit review. This makes it vital to understand how these reviews affect processing times.

Current Audit Processing Times

Audit reviews now take 496 days to process. This adds considerable time to the standard timeline. Applications filed in December 2022 are just now getting decisions. These reviews cause lengthy delays in the process.

Common Audit Triggers

Employers should watch out for these frequent audit triggers:

• Recent layoffs in the position’s location
• Foreign language requirements
• Family relationships between employer and beneficiary
• Positions requiring less than a bachelor’s degree
• Employee referral programs

Post-Audit Timeline Extensions

An audit notification adds 3-5 months to standard processing times. Employers usually wait 4-5 months for a final determination after submitting an audit response. Cases that need supervised recruitment face extra scrutiny that can last up to two years after the audit.

Employers get 30 days to respond to audit requests. Quick action becomes essential at this stage. Well-documented and properly organized responses play a key role. Any mistakes during this phase can lead to application denial, forcing employers to restart the whole PERM process.

Technology and Processing Evolution

The Department of Labor’s rise in technology is changing how we handle PERM applications. The changes have boosted processing speed and made application management better.

FLAG System Implementation Effect

The Foreign Labor Application Gateway (FLAG) system brings a fundamental change to PERM processing. The new system should decrease visa certification processing time by approximately 45 days. Automated processes have replaced manual data entry and eliminated duplicate work across multiple forms.

The system brings these improvements:

• Forms linked electronically with pre-filled fields
• Less manual review of applications
• Digital transfer of certifications to USCIS and Department of State
• Smooth immigrant visa processing experience

Digital Processing Improvements

The FLAG system’s technical advances excite us. The DOL requires all new PERM applications through this modern platform since June 2023. Form ETA-9089 now links to common wage determinations automatically and fills data smartly.

The DOL’s steadfast dedication to modernization goes beyond submitting forms. Data validation processes work better now with standard information collection methods. The new system wants to make processes faster, but we watch its effect on processing times carefully because the original adjustment period might slow things down.

The future looks promising as the DOL keeps investing in technology and process automation. The permanent labor certificate process should be completely modern by fall 2024. This includes application reviews, decisions, and appeals.

Strategic Planning for Employers

PERM processing times have become a major concern, and employers are now looking at other ways to get permanent residency. Our team has seen that many good options exist beyond the standard PERM process.

Alternative Immigration Pathways

Here are proven alternatives that let you skip PERM requirements:

• EB-1 Priority Workers:

  • Persons of Extraordinary Ability
  • Outstanding Professors and Researchers
  • Multinational Executives and Managers

• National Interest Waiver (NIW):

  • Available for Advanced Degree holders
  • Particularly suitable for STEM professionals
  • Waives both job offer and PERM requirements

Recent developments in Schedule A occupations look promising. The Employment and Training Administration might add more STEM and non-STEM jobs to this pre-certified list. This change could substantially reduce processing times for qualified positions.

Companies with multiple foreign workers should think over the EB-1C multinational manager route. This path needs one year of managerial experience with a related company outside the US. The Biden-Harris administration has strengthened support for the National Interest Waiver pathway, especially when you have entrepreneurs and advanced degree holders in critical technologies.

These alternatives can save much time compared to the current 468-day PERM processing timeline. But remember, each pathway has specific eligibility criteria and documentation requirements. You need to review these carefully based on your organization’s needs and the candidate’s qualifications.

DOL PERM Processing Time History, Trend

The Department of Labor has changed how it handles PERM applications over the last several years. Current data shows analyst reviews now take 468 days and audit reviews stretch to 496 days.

The current processing queue shows:

• Analyst Review: September 2023 cases
• Audit Review: December 2022 cases
• Reconsideration Requests: July 2024 cases

DOL’s processing approach has changed. Applications are now processed by “processing month” instead of the traditional first-in-first-out method. Your application’s review time can vary within the same processing month.

The new Form ETA 9089 through FLAG launched in June 2023. We continue to track how it affects processing speed. Each case’s processing time varies based on its specific facts and circumstances.

Recent trends show standard PERM applications take about 14 months and 15 days. Audited cases need 16 months and 11 days. These timeframes have increased from past averages, and quick improvements seem unlikely.

Employers and foreign workers should start their PERM process early. This becomes vital when dealing with temporary work visas close to their maximum stay limits.

Prevailing Wage Determination and PERM Processing Times

The Department of Labor’s latest processing data gives us significant insights about PWD and PERM timeline relationships. We track PWD processing for both OEWS and non-OEWS cases filed in May 2024. These cases make up much of the overall immigration timeline.

Our monitored processing metrics show:

• Standard PERM reviews: 468 days
• Audit reviews: 496 days
• PWD processing: 6-7 months on average
• Redetermination requests: Processing July 2024 submissions

PWD processing times remain stable, but PERM processing continues to extend. A standard PERM application takes 14 months and 15 days, while audited cases need 16 months and 11 days.

The DOL’s handling of different application types reveals interesting patterns. PERM redeterminations submitted in July 2024 move faster through the system, which suggests these cases get priority. NPWC’s approach to processing times shows their standard windows, though some determinations happen quicker.

Our analysis indicates processing times won’t improve significantly soon. This information helps employers and foreign workers plan their immigration timeline better, especially with DOL’s current “processing month” system instead of a first-in-first-out approach.

DOL Updates from the 2024 AILA Fall Conference

The 2024 AILA Fall Conference revealed major changes in the PERM system. The DOL announced the original PERM system will completely shut down by December 1, 2024.

Recent transition numbers show the current progress:

• The original system has 3 applications left to process
• FLAG has completed 13,830 PERM applications
• 180,740 applications await their first review
• FY2024 saw total applications rise by 12% compared to last year

The June 2023 FLAG system implementation brought notable changes. The DOL hasn’t determined whether FLAG’s efficiency features will speed up processing. They recognize the current delays and work to improve the system.

Employers who still use the original system should download their important information before the December shutdown. Historical data access will need a FOIA request after this date.

Processing efficiency remains a challenge, especially with FY2024’s higher application numbers. PWD processing shows some improvements. However, the increased number of applications creates obstacles for faster processing times.

Alternative Options

You can cut down your wait times by a lot with several powerful alternatives to traditional PERM pathways. The National Interest Waiver is a great choice, especially when you have advanced degrees or exceptional ability. You can skip both the PERM process and job offer requirement with this pathway, which speeds up the standard processing timeline.

Schedule A pre-certification works well for healthcare professionals. Right now, this applies to registered nurses and physical therapists. The Employment and Training Administration might add more STEM occupations to this list.

The EB-1 category gives priority workers these advantages:

• Persons of extraordinary ability in their field
• Outstanding professors and researchers
• Multinational executives and managers

Cases based on exceptional ability provide another path to success. You need to show expertise in sciences, arts, or business that stands out. This means proving at least two achievements from a specific list, such as internationally recognized awards or scholarly publications.

Special immigrant visas, asylum status, and protection under the Violence Against Women Act (VAWA) might work better in specific cases. These paths can lead to permanent residency without an employer’s sponsorship. Each alternative pathway needs different documents and processing steps, but they move faster than the current 468-day PERM timeline.

Conclusion

PERM processing times have hit record highs. Standard applications now take 468 days while audited cases stretch to 496 days. Our detailed analysis shows these longer timelines will likely continue through 2024. This makes advance planning vital for employers and foreign workers.

Here’s what we learned about the current PERM situation:

• Standard processing now takes over 15 months
• PWD decisions need 6-8 months
• FLAG system setup aims to optimize future processes
• NIW and EB-1 paths can move faster
• Processing speeds vary a lot by region

The Department of Labor’s move to the FLAG system shows progress toward modernization. However, quick improvements in processing times aren’t guaranteed. Employers should look into other immigration options, especially when candidates qualify for National Interest Waivers or Schedule A occupations.

Knowing these extended timelines helps set realistic expectations. You can plan your immigration process better. The processing times are challenging, but good preparation and knowledge of other options will help you direct this complex process well.

FAQs

Q1. What are the current PERM processing times in 2024? 

As of early 2024, standard PERM applications are taking approximately 468 days (about 15.5 months) for analyst review. Audited cases are experiencing even longer processing times, extending to around 496 days (about 16.5 months).

Q2. How can I check the status of my PERM application? 

The primary method for checking PERM status is through the Department of Labor’s FLAG (Foreign Labor Application Gateway) system. However, only employers and their authorized attorneys have direct access to this system. Applicants should work with their employer or attorney to obtain status updates.

Q3. What is the current processing time for Prevailing Wage Determinations (PWDs)?

PWD processing is currently taking about 6-8 months on average. The National Prevailing Wage Center (NPWC) is handling PWDs filed in April 2024, with both OEWS and non-OEWS applications from May 2024 being processed.

Q4. What factors can trigger a PERM audit? 

Common PERM audit triggers include recent layoffs in the position’s location, foreign language requirements, family relationships between employer and beneficiary, positions requiring less than a bachelor’s degree, and employee referral programs. Approximately 30% of PERM cases are selected for audit review.

Q5. Are there alternatives to the PERM process for obtaining permanent residency? 

Yes, several alternatives can bypass PERM requirements. These include the EB-1 category for priority workers (persons of extraordinary ability, outstanding professors/researchers, and multinational executives/managers), National Interest Waivers for advanced degree holders, and Schedule A pre-certification for certain occupations. These alternatives often offer faster processing times compared to the standard PERM route.