When you want to obtain a green card through your job, understanding the PERM labor certification timeline is essential for planning your future in the United States. The PERM labor certification process can be lengthy, and knowing what to expect at each step helps you prepare better.
PERM Processing Times Explained
The Department of Labor regularly updates processing times, and recent trends show significant delays throughout the system. PERM labor certification applications typically take approximately 16 to 17 months to receive a decision, though this timeline can vary based on current workload and processing capacity. These lengthy review times represent a serious challenge for foreign workers and their employers. You should expect your PERM labor certification to take at least this long, and possibly longer if your case gets selected for audit.
Prevailing Wage Determination Timeline
Before your employer can file your PERM labor certification, they must first obtain a prevailing wage determination from the National Prevailing Wage Center. This step occurs before the actual PERM process begins, but it still adds to your overall timeline.
The National Prevailing Wage Center typically processes prevailing wage requests within several months. The length of this step varies based on whether your case uses standard wage data or requires more complex wage determinations.
On average, prevailing wage determinations currently take five or six months. However, some cases may move faster or slower depending on the complexity of the wage determination request. You should factor this timeline into your overall planning since the prevailing wage determination must be completed before your PERM labor certification can be filed.
Pre-Filing Recruitment Requirements Timeline
After receiving the prevailing wage determination, your employer must complete recruitment activities before filing your PERM labor certification. The recruitment requirements depend on the classification of your job (professional or non-professional).
For professional positions, your employer must conduct recruitment activities for at least 30 consecutive days but not more than 180 days before filing the PERM application. These activities include placing job advertisements in newspapers and on the company website, as well as using additional recruitment methods.
The recruitment period itself typically takes 30 to 60 days to complete properly. After the recruitment ends, your employer must wait an additional 30 days before filing the PERM application. This waiting period allows time for reviewing any applications received during recruitment.
PERM Application Filing and Processing Timeline
Once your employer completes all recruitment requirements, they can file your PERM labor certification application. The Department of Labor offers both online and paper filing options, though online filing tends to be faster and more efficient.
After filing, your application enters the Department of Labor processing queue. Based on typical patterns, you should expect this to take at least 16 to 18 months from the date of filing.
During this period, your application may be selected for audit. Audited cases require significantly longer processing times than non-audited cases. Audited PERM applications require additional months due to the detailed review of recruitment efforts and documentation.
Factors That Can Affect Your Timeline
Several factors can affect the timeline of your PERM labor certification. Being aware of these factors means you will have more realistic expectations for your case.
As already mentioned, applications selected for audit will take much longer than the standard processing time. Unfortunately, you cannot predict if your case will be audited, as the selection appears to be random.
The type of job and occupation are also relevant. Some occupations may require additional documentation or receive more scrutiny during review. Your employer’s previous experience with PERM applications may also influence how smoothly the process goes.
Errors in the application or supporting documentation can cause delays or denials. If your application is denied, your employer may need to restart completely, adding several months to your timeline.
Planning for Delays and Maintaining Status
Given the lengthy PERM labor certification timeline, you must carefully plan to maintain your legal status in the United States throughout the process. If you are on an H-1B visa, you may need extensions to stay in the country legally while your PERM is being reviewed.
Starting the PERM application as early as possible gives you the best chance of maintaining continuous status. Many immigration attorneys recommend beginning the process at least two to three years before your current status expires.
You should also have alternative plans in case your PERM application encounters unexpected delays or denials. Alternative immigration options may be available depending on your qualifications and circumstances.
Alternative Options to Consider
Some individuals may qualify for immigration paths that do not require PERM labor certification. The EB-1A immigrant visa category is available for individuals with outstanding abilities in their fields. The National Interest Waiver allows some professionals to skip PERM entirely.
These alternatives can significantly reduce your timeline since they do not require the lengthy PERM labor certification. However, they have strict qualification requirements that not everyone will meet.
Pride Immigration Supports You Through Every Step of the PERM Certification Timeline
The extended PERM timeline makes professional legal advice highly important. Managing processing delays, audit requests, and status maintenance requires experience and careful planning. Working with qualified immigration professionals helps guarantee that your case progresses as smoothly as possible while avoiding costly mistakes that could restart your timeline.
Pride Immigration understands the challenges you may encounter during the lengthy PERM labor certification process. With extensive experience handling hundreds of individual PERM cases, our team knows how to handle complex timelines and assist you in maintaining legal status. Contact us today at (703) 594-4040 or online to schedule your consultation and get expert guidance on your PERM labor certification.
Beeraj Patel, Esq.
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