PERM labor certification currently takes well over a year from start to finish. As of the Department of Labor’s October 5, 2026 update, DOL was reviewing PERM applications filed in December 2025, and the average processing time for applications decided in August 2026 was 336 days. Before an employer can file, it also needs a prevailing wage determination (DOL was working on requests filed in June 2026, as of September 30, 2026) and must complete recruitment, which takes at least two months. If the case is audited, add more time. Here is how each step works and how to read DOL’s processing-time page yourself.
What Is PERM Labor Certification?
PERM is the Department of Labor (DOL) process an employer uses to show that there are no able, willing, qualified and available U.S. workers for a job it wants to fill with a foreign worker, and that hiring the foreign worker will not hurt wages and working conditions of U.S. workers. A certified PERM application is the first step for most EB-2 and EB-3 employment-based green cards. After certification, the employer files Form I-140 with USCIS, and then the worker applies for the green card when a visa number is available. Read more in What is a PERM green card?
The Three PERM Steps and How Long Each Takes
Step 1: Prevailing wage determination (PWD)
The employer asks DOL to set the minimum wage for the job (the prevailing wage) by filing Form ETA-9141 in DOL’s FLAG system. The employer must offer at least that wage. As of September 30, 2026, DOL was processing PERM wage requests filed in June 2026, so expect several months. If the employer disagrees with the wage, it can ask for a redetermination and then Center Director review; both add time (as of September 30, 2026, DOL was working on PERM redetermination and review requests from July 2026).
Step 2: Recruitment
The employer tests the U.S. labor market. For most professional jobs, this means:
- a job order with the State Workforce Agency for 30 days,
- two print ads on two different Sundays in a newspaper in the area of the job (for some advanced-degree jobs, one can be in a professional journal),
- three more recruitment steps chosen from a list in the regulations (such as the employer’s website, a job fair, a job search website, or campus recruiting), and
- a notice of filing posted at the worksite.
Nonprofessional jobs need the job order and two Sunday ads. The employer must review every applicant in good faith and keep records of why any U.S. applicant was not qualified.
Timing rules matter: recruitment must be done at least 30 days, and no more than 180 days, before the PERM application is filed. In practice, recruitment plus the required 30-day waiting period takes about two to three months.
Step 3: Filing Form ETA-9089 and DOL review
The employer files the PERM application (Form ETA-9089) online through FLAG. The filing date becomes the worker’s priority date for the green card. DOL then reviews the application. As of October 5, 2026, DOL’s analysts were reviewing applications filed in December 2025, and the average for applications decided in August 2026 was 336 days.
After certification, the employer has a limited time to file the I-140 with USCIS, so plan the next step in advance.
How to Read the DOL PERM Processing Times Page
DOL posts current times at flag.dol.gov/processingtimes. It updates PERM and wage times at the end of the first work week of each month. Here is what each line means:
- “Analyst Review – Priority Date [month]”: DOL is working on applications filed in that month. If your PERM was filed in that month or earlier, it is in the current processing window. Compare that month with your filing date to see roughly how far away a decision is.
- “Audit Review – Priority Date [month]”: the filing month of audited cases DOL is now reviewing. If your case was audited, this tells you where audit reviews are.
- “Reconsideration Request to the CO”: the month in which cases now being reconsidered were appealed.
- “Average Number of Days to Process”: the average time, in calendar days, for applications DOL decided in the month shown. It is an average, not a promise for your case.
- Prevailing Wage Determination Processing Times, PERM row: the month of PWD requests DOL is now processing, split into OEWS and non-OEWS requests.
Example (October 2026): an application filed in March 2026 would be about three months behind the December 2025 analyst review month shown on October 5, 2026. If your application was filed more than three months before the month DOL shows, DOL says you may contact the OFLC PERM Helpdesk at [email protected] for a status update.
What Slows a PERM Case Down?
- DOL backlog. The biggest factor is how many applications are ahead of yours. No one can speed this up.
- Wage disputes. Asking for a redetermination or review of the prevailing wage adds months before recruitment can even start.
- Recruitment problems. If an ad is wrong, a recruitment step falls outside the 30-to-180-day window, or a qualified U.S. worker applies, the employer may need to restart recruitment.
- Audits. DOL can audit any application, either because of something in it or at random for quality control. An audit does not mean something is wrong, but it adds time.
- Errors in the application. PERM does not have a USCIS-style “request for evidence” to fix mistakes. A material error usually leads to a denial, and the employer then has to request reconsideration or start over.
What Happens in a PERM Audit?
If DOL audits the application, it sends an audit letter asking for documents, usually the recruitment report, copies of ads and job orders, the notice of filing, and records about U.S. applicants. The response is due 30 days from the date of the audit letter. DOL may grant one extension of up to 30 more days. A substantial failure to provide the documents on time leads to denial, and DOL can then require supervised recruitment in the employer’s future PERM filings for up to two years (20 CFR 656.20).
Because the response window is short, employers should keep a complete PERM file ready from the day they file.
Can You Speed Up PERM?
No. DOL has no premium processing or expedite request for PERM. What an employer can do is avoid restarts: get the prevailing wage right, plan recruitment dates inside the required window, keep complete records for a possible audit, and be ready to file the I-140 as soon as PERM is certified. Premium processing is available later, at USCIS, for many I-140 petitions; see the USCIS site for current eligibility and fees.
PERM Processing Time FAQ
How long does PERM take in 2026?
As of October 5, 2026, DOL was reviewing applications filed in December 2025, and the average time for cases decided in August 2026 was 336 days. With the prevailing wage step and recruitment, the whole process usually takes well over a year before the I-140 can be filed.
How long does the prevailing wage determination take?
As of September 30, 2026, DOL was processing PERM wage requests filed in June 2026. Check the FLAG page for the current month.
What is the PERM priority date?
The date DOL receives the PERM application. It becomes the worker’s place in line for a green card under the Visa Bulletin.
How long does a PERM audit add?
DOL lists audit review progress by filing month on the FLAG page. The employer’s response is due within 30 days of the audit letter.
Can my employer pay to expedite PERM?
No. There is no PERM premium processing.
Where can I check my PERM case status?
On the DOL FLAG system. Your employer or its attorney files the case and receives DOL’s notices.
PERM Help for Employers and Workers
BCA Law Firm works with employers and foreign workers on PERM labor certification, I-140 petitions and the green card that follows. We can help you plan the prevailing wage and recruitment timeline, prepare the ETA-9089, and respond to a DOL audit. See our employment immigration and business immigration pages.
Consultations are 30 minutes and cost $175, at our office at 700 Holcomb Bridge Road, Norcross, GA 30071, or online. Our hours are Monday to Friday, 9:00 a.m. to 6:00 p.m. Call 678-292-6111 or book a consultation online.
Related reading: What is a PERM green card? · E22 vs E26 (EB-2) green card codes · Green card category codes · How long does adjustment of status take?
This page provides general information and is not legal advice. Every case is different; speak with an attorney about your situation.
