Many foreign workers who want to immigrate permanently or through employment will be worried about the PERM processing time in 2024. The Department of Labor (DOL) is in charge of the Program Electronic Review Management (PERM) procedure, which is used to certify foreign workers for different employment-based visas. We will go about the current 2024 PERM processing time, possible influences on this time, and how applicants may stay informed of any changes in this blog post.
PERM: Brief Explanation
The Department of Labor (DOL) is in charge of both the Foreign Labor Certification process and Permanent Labor Certification. Before filing an I-140 employment-based immigration visa application to USCIS, some applicants for employment-based green cards must complete the PERM labor certification process. The objective of this approach is to prove that there are no competent American workers available to fill the necessary post. You can file a PERM online with the DOL.
The PERM Processing Stages
To ensure a good outcome, it is imperative to comprehend the four crucial steps that comprise the PERM process. These are the following:
- Employment creation
- Determining the prevailing wage;
- Testing the labor market, and
- Application for PERM through ETA 9089.
Obtaining PERM approval is a crucial step that involves every level of the process. Now let us examine the specifics of each step and their significance.
Step 1: Employment Creation
The first step in the PERM process is to determine the essential components of the job that is being sponsored, such as the job title, duties, educational requirements for fulfilling the role, required experience and training, and the number of employees that the position involves managing. Before completing the forms, all parties involved should have a clear understanding of the requirements for the role. Collaborate with your immigration lawyer to determine each of these elements.
A precise and comprehensive task outline is crucial to avoid delays or rejections during the PERM process. Employers must allocate their time effectively to create precise task descriptions that align with each point in the PERM guidelines.
This step’s average processing time is one month.
Step 2: Determining the prevailing wage
Getting a Prevailing Wage Determination (PWD) from the Department of Labor (DOL) is a step in the PERM process. The PWD is the minimum salary that a company is required to pay a foreign worker filling a position. To preserve the rights of foreign laborers and maintain the integrity of our nation’s labor market, this wage rate must be reasonable. For non-union employment, the average PWD processing time is 6–8 months; for union positions, it is 10 months. While organizing their hiring and marketing strategies for the PERM process, employers must to account for the duration required to acquire the PWD. The PERM application may be denied if the offered wage does not match or surpass the prevailing wage. For this reason, it is crucial to be sure of it. Thus, as you proceed with your PERM processing steps, keep this timing in mind.
Processing a PWD typically takes six to ten months.
Step 3: Testing the labor market
Employers must administer a labor market test as part of the PERM process to exclude any qualified American workers from applying for the position. Companies must adhere to specific recruitment procedures, such as posting advertisements with state workforce agencies for thirty days. announcing in the workplace for 10 days straight and publishing in the local newspaper for two consecutive Sundays. Employers must ensure fair and equal application opportunities for job seekers and strictly follow the DOL’s recruitment guidelines.
The processing time for an application can vary depending on the position and the response of potential candidates. The entire process may take three to twelve months to finish. Companies should schedule their PERM application timetable with the recruitment process completion time in mind. They should also collaborate closely with their legal counsel to make sure that all recruitment regulations are met. During this process, maintain an accurate list of the recruitment reports.
This step’s average annual processing time is two to six months. (Based on the employer’s pace).
Step 4: Application for PERM through ETA form 9089
Following the deadline for finding a qualified U.S. worker for any position, businesses and their legal representative must electronically file the ETA Form 9089 via the DOL website. This application must be completed accurately and submitted on time; otherwise, the Department of Labor may delay processing or perhaps deny the request.
What does ETA 9089 mean?
A Permanent Labor Certification is also required for some foreign workers who want to work permanently in the United States. The main form used for this is the ETA 9089. It means that a foreign worker needs to be hired because it verifies that no qualified American workers are available for the position in issue.
Factors Affecting the Processing Time of ETA 9089
Other elements can affect the processing time of ETA 9089.
- Backlogs: The Department of Labor (DOL) may have backlogs in certain immigration processes, which might cause processing times to increase.
- Accuracy of the Application: Inaccuracies or omissions may lead to a denial or a request for additional information (RFI), both of which may cause the processing time to increase.
- Audit Requests: An application may occasionally be audited by the DOL, which might cause the processing time to increase by several months.
This step’s average perm processing time is between 311 and 498 days.
What is the effect of the PERM audit procedure on the total PERM processing time?
The audit review can take six months to more than a year on average. It is imperative to remember that the audit procedure comes on top of the typical PERM application processing period, which can take anything from a few months to a year. Employers and candidates are also advised to prepare for an additional six months of procedures for a PERM audit.
Factors influencing the Processing Time of PERM
In 2024, a major factor that can impact the length of time it takes to process a PERM is the volume of applications that are submitted. Processing delays have increased as a result of an increase in PERM applications submitted by the DOL in recent years.
Law or policy changes may also have an impact on how long it takes to process PERM applications. Also, to comply with new regulations, the DOL may need to modify its processes, which could cause processing times to increase.
Staffing levels at the DOL may also affect processing timeframes. The DOL may also face a manpower deficit in 2024 due to retirements or other factors, potentially causing application processing delays.
The 2018 Standard Occupational Classification and an increase in H-2A/H-2B files have caused a delay in the PERM application processing time. This has caused a longer PERM processing time for both companies and applicants, in addition to other considerations.
After PERM Approval, What Next?
The next stage in the Green Card application process is to submit an I-140 request to US Citizenship and Immigration Services (USCIS) to be designated as an Immigrant Worker, after PERM approval. For PERM applications under this program, the DOL’s receipt of ETA Form 9089 marks the priority date. The processing of these petitions typically takes three to four months. Those who select premium processing will receive findings in two weeks as opposed to having to wait longer.
What is the Price of PERM?
Employers need to think about all of the fees and expenditures related to the PERM procedure. Employers will also pay for legal and government filing fees. It is also necessary to account for any costs incurred by the employer during this procedure, including advertising and recruitment fees. The average perm processing time can be sped up with optional premium processing.
Current Perm Processing Time 2024: FAQs
How long does it take to get a PERM approval?
Currently, PERM application processing takes an average of six to twelve months. Visit the DOL website for a more detailed analysis of where your processing time would fall within this current range.
Is it possible to refuse a perm?
PERM denials frequently stem from problems with the job posting process, inadequate or erroneous documentation, and noncompliance with recruitment criteria.
Does permission for a PERM expire?
Form I-140, the Immigrant Petition for Alien Worker should be filed with the labor certification application to the relevant USCIS Service Center once it has been certified by the DOL. The certification will expire if it fails to go to USCIS within 180 days.
Conclusion on PERM Processing Time 2024
Understanding the PERM process is essential to ensuring that an employment-based Green Card application is approved. All stakeholders must remain aware of its various stages, processing times, and possible impacts. Also, by doing this, you can have a smooth experience that can result in getting approved for this crucial step toward obtaining permanent residency status in the United States.
