As of December 2024, the processing times for the Permanent Labor Certification (PERM) program have experienced notable changes, affecting both employers and foreign workers pursuing employment-based green cards. Staying informed about these timelines is essential for effective strategic planning in the immigration process.
Today our firm received the first PERM approval under the new FLAG system. This case was filed August 3, 2024, and did not receive an audit. Previously a straightforward PERM approval was taken 11 months. Based on today’s approval, it appears that PERMs are now taking 16 months.
Current Processing Times
– Prevailing Wage Determinations: The processing time for prevailing wage determinations is currently 6-8 months. This duration is crucial for employers to consider when planning their recruitment and filing strategies.
– PERM Adjudications: The adjudication timelines for PERM applications have extended to 16 months. In cases where an audit is involved, the adjudication time can increase to 23 months, as indicated by the FLAG system processing times.
Strategic Considerations
– Early Initiation: Employers should begin the green card process well in advance, considering the current processing timelines to ensure timely filing and avoid potential delays.
– Recruitment Planning: It is critical to complete recruitment efforts within the 180-day window before filing the PERM application, as mandated by 20 CFR 656.17(e).
– Anticipating Prevailing Wages: Employers should meticulously prepare job duties and minimum requirements to anticipate the prevailing wage that the Department of Labor (DOL) is likely to issue. This preparation allows employers to commence the recruitment process before receiving the wage determination.
Challenges and Recommendations
– No Expedited Processing: DOL does not offer expedited processing for PERM applications, making it imperative for employers to plan accordingly.
If you have any questions about the PERM process, please reach out to PLG Partner, Chris Prescott at cprescott@patellegal.com.