How Long Does PERM Labor Certification Take? A Step-by-Step Guide

Introduction

The PERM process, as it presently exists, can be a confusing and time consuming process for both employers and foreign workers. Delays in the PERM process can negatively impact the foreign national’s ability to obtain a work visa. In an effort to outline the PERM process in considerable detail and to highlight some of the potential problems that can occur and how they can be avoided, the process is detailed below.

Understand PERM Labor Certification

The length of time it takes for perm labor certification can be unknown to many individuals, including both foreign nationals and employers utilizing employment-based immigration. Labor certification is important for verifying that there are no qualified U.S. workers for the job offered to the foreign national and that the foreign national’s hiring will not adversely affect the wages and working conditions of U.S. employees. The process for labor certification, referred to as PERM, is complex and both employers and employees should seek to have a full understanding of the process.

Typically, the steps to labor certification are:

1. First obtaining a prevailing wage determination from the DOL for the position for which foreign worker labor is sought by the employer.
2. Then the employer conducts a recruitment period for the position to establish that all qualified U.S. workers have been considered for the position.
3. The advertisements required for recruitment for labor certification are of a number and published in various media, including print and online, for a time period established by the DOL.
4. The application for labor certification is filed with the appropriate DOL office on Form ETA-9089.

In addition, as of 2026, processing labor certification applications can take over 16 months and be subject to audit. Importantly, the DOL is processing applications that were filed as far back as November 2024. As such, it is critical that employers file labor certification applications as expeditiously as possible. Additionally, the test of the labor market is undergoing significant change for the first time in over 20 years with expected modifications to the required recruitment practices and means and methods of recruitment for labor certification purposes that will be intended to better meet the needs of both employers and workers in today’s labor market.

Staying up to date with the current Labor Certification rules can benefit both employers and employees alike. Not only can an experienced immigration lawyer explain the consequences of denial and the process for reconsideration or even resubmission of the Labor Certification application, they can also point out potential problems for compliance with required documentation and also advise on how to best avoid problems in order to select and hire the best workforce for your company’s future needs.

Explore the Stages of the PERM Process

PERM labor certification is one of the steps needed by individuals to allow them to obtain employment in the U.S. in order to allow them to remain in the U.S. while they are trying to complete the steps needed for them to remain in the U.S. The three steps for Permanent labor certification are listed below.

1. Prevailing Wage Determination (PWD): Obtain a Prevailing Wage Determination (PWD) from the Department of Labor (DOL) for your foreign worker’s future employment in the U.S. It typically takes 4-5 months to process a request for a PWD. We have described what the PWD will be for your foreign worker in step 1 above.
2. Hiring: The recruitment process for hiring U.S. workers must take place within 60 days up to 180 days prior to the date of the employer’s PERM application. During the hiring process the employer must place ads for the job opening, hold interviews with qualified U.S. applicants for the job, and keep a record of all applications received for the position. In the event of an audit by the DOL all documents relating to the recruitment process must be produced to establish that adequate recruitment took place to enable the foreign worker to obtain employment in the U.S. and to enable him/her to remain in the U.S. to complete the steps for labor certification.
3. Filing the Labor Certification Application: The final step of the employment process is for the employer to complete and submit the ETA Form 9089 to the DOL to process for labor certification. Processing time for labor certification applications by the DOL can range from 12-14 months or so. However, because the DOL receives cases in very high volumes each year, it may take longer to process cases. Thus, it is critical that an employer applies for labor certification as early as possible in the fifth year of an H-1B status of the worker, and a certified labor certification application is only valid for 180 days, thus the application for Form I-140 must be submitted as soon as possible after the labor certification application is certified by the DOL.

We have attempted to give our clients and their employers an approximate sense of the amount of time it will take for each step in the labor certification process. Again, we urge our clients to enable the foreign worker to remain in the U.S. to enable him or her to obtain employment by applying for labor certification as early as possible in the fifth year of an H-1B status of the worker. Also, remember that a certified labor certification application is only valid for 180 days, and therefore the application for Form I-140 must be submitted as soon as possible after the labor certification application is certified by the DOL.

Review Estimated Timelines for Each Stage

Link to a specific post detailing all the steps to PERM processing and the typical timeframe for completion of each step.

• Prevailing Wage Determination: National Prevailing Wage Center processes requests filed 5 to 8 months before in order to determine the Prevailing Wage for the position for which labor certification is being sought. For example, requests filed in February 2026 are being processed as of April 30, 2026.
• Recruitment: This process can typically take 2 to 6 months or more and consists of advertising the position available by the employer and making phone calls to other potential candidates in order to provide sufficient evidence that there are no qualified U.S. workers available for the position.
• Labor Certification Review: Labor Certification Review by the DOL for approval typically takes 12-14 months or 372-403 days on average for labor certification applications. This time frame for processing DOL labor certification applications is highly variable and affected by the DOL’s workload as well as the chance that an application may be selected for an audit of the application contents which can add 9 months or more to the total time.

How long does PERM labor certification take? Processing time for labor certification can take anywhere from 20 months to 26 months. Due to fluctuations in the processing of immigration cases and other factors, application processing can experience delays from time to time. To manage expectations regarding your status in the system and to process your application in a timely manner, apply for labor certification as early as possible and verify current processing times.

Identify Factors Affecting PERM Processing Times

The PERM labor certification process for employees seeking to transition from H1B status to a Green Card can be complex. In an attempt to help those familiar with the process understand the various elements that affect processing time, this blog will outline several key factors.
Here are several things that can affect the processing time of your PERM application:

1. DOL Workload: While the Department of Labor (DOL) is processing PERM labor certification applications for employees seeking to transition from H1B status to a Green Card, the current DOL workload is extreme. It currently takes the DOL approximately 16 to 17 months to process a PERM labor certification application for labor certification. This is why so many questions are being posed regarding the how long does perm labor certification take process.
2. Audits: Additional 9 months waiting time for the processing of the PERM application after it has been selected for an audit. The reasons for an audit can be for example a discrepancy in a job ad, recent lay-offs etc.
3. Recruitment Efforts: It typically takes the Employer 60 days or more to complete the necessary steps for the required recruitment efforts. Many mistakes are made during this part of the process and can cause delays in processing and even lead to denial of the application.
4. Errors in Application: Even small errors on the ETA Form 9089 completed by the Employer for labor certification can lead to considerable delay or even denial of the employee’s green card application. Employers must therefore ensure that all necessary documents and required information are kept organized in order to process the employee’s green card application in due course.
5. Economic Conditions: As with so many other things in life, the Labor Certification processing time can be affected by current Economic Conditions, so we try to keep up to date with these as well.
6. Proactive Planning: Timing is everything. It is best for Employers to begin processing the green card application for their employees at the end of their third year on H-1B status in order to allow sufficient time for processing by the appropriate government department.

We also outline the various challenges of the labor certification process for use in order to find solutions to the same and ultimately allow your employee’s employer sponsored Green Card application to reach a successful conclusion.

Conclusion

The process for foreign workers trying to get employment in the U.S. through their foreign employer to obtain labor certification through the PERM process can be complex and time-consuming. The process of determining whether there are sufficient qualified U.S. workers for the job at issue can be lengthy and include several steps in the application process for foreign workers of foreign national employees.

In this article we explain the steps that are involved in the PERM process, such as:

1. Obtaining a prevailing wage determination
2. The required labor recruitment steps
3. How to correctly file the labor certification application

The time frame for processing labor certification applications by the DOL can vary between 20 and 26 months. However, this time frame is largely determined by the DOL’s workforce, the likelihood of an audit and the extent and thoroughness of the required labor recruitment practices. It is therefore important to take early action in order to complete all the required steps within the required time frame.

The PERM process can be arduous. Employers and foreign workers alike can greatly benefit from the expertise of immigration attorneys experienced in PERM labor certification cases to steer them through the process efficiently and effectively to end up securing employment in the U.S.

Frequently Asked Questions

What is PERM Labor Certification?

PERM Labor Certification is a process used to verify that there are no qualified U.S. workers available for a job offered to a foreign national and that hiring the foreign national will not adversely affect the wages and working conditions of U.S. employees.

What are the steps involved in the PERM Labor Certification process?

The steps typically include obtaining a prevailing wage determination from the Department of Labor (DOL), conducting a recruitment period to consider all qualified U.S. workers, publishing required advertisements in various media, and filing the labor certification application using Form ETA-9089 with the appropriate DOL office.

How long does the PERM Labor Certification process take?

As of 2026, processing labor certification applications can take over 16 months and may be subject to audit. The DOL is currently processing applications filed as far back as November 2024.

Why is it important for employers to file labor certification applications quickly?

It is critical for employers to file applications as expeditiously as possible due to the lengthy processing times and potential audits, which can delay the hiring process.

What changes are expected in the labor market test for PERM Labor Certification?

Significant changes to the labor market test are expected for the first time in over 20 years, including modifications to recruitment practices and methods intended to better meet the needs of both employers and workers.

How can an immigration lawyer assist with the PERM Labor Certification process?

An experienced immigration lawyer can explain the consequences of denial, the process for reconsideration or resubmission, identify potential compliance issues, and advise on how to avoid problems to help employers select and hire the best workforce for their needs.

List of Sources

1. Understand PERM Labor Certification
   • 2026 PERM Labor Certification Overhaul: New DOL Wage Rules (https://visaverge.com/news/dol-signals-upcoming-regulatory-changes-to-the-perm-labor-certification-process)
   • Latest PERM Update: What's New In Labor Certification (https://orangelaw.us/perm-update-2026)
   • PERM Labor Certification 2026: Delays & Key Updates (https://immigrationfleet.com/articles/perm-labor-certification-2026-processing-times-surpass-500-days-what-employers-and-green-card-applicants-must-know)
   • PERM Processing Time Update 2026: Current DOL Timelines and Expectations - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-processing-time-update-2026-current-dol-timelines-and-expectations)
   • DOL Plans PERM Rule Changes in 2026 (https://day1cpt.org/news/dol-plans-perm-rule-changes-in-2026)
2. Explore the Stages of the PERM Process
   • Chugh, LLP - Attorneys & CPAs (https://chugh.com/news/dol-signals-plans-to-modernize-the-perm-labor-certification-program-key-takeaways-for-employers)
   • PERM Processing Time in 2026: Current DOL Timelines, Audit Triggers & Delays (https://visa-pros.com/perm-processing-time-2026-dol-timelines-audit-triggers)
   • The Three Stages Of PERM (Permanent Labor Certification) For Employer-Sponsored Permanent Residence - Maggio Kattar Immigration Law (https://maggio-kattar.com/three-stages-of-perm)
   • How Long Does PERM Take in 2026? - Polatsek Boheme & Wilkowski (https://polatsek.law/legal_resource/perm-processing-times-2026)
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
3. Review Estimated Timelines for Each Stage
   • PERM Processing Time 2026: Real Timelines for Prevailing Wage, Recruitment, and ETA-9089 | Modern Law Group (https://lawofficeimmigration.com/blog/perm-processing-time-2026.html)
   • PERM Processing Time Update 2026: Current DOL Timelines and Expectations - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-processing-time-update-2026-current-dol-timelines-and-expectations)
   • PERM Labor Certification: The Full Process, Timeline & Cost (2026) (https://visamet.com/guides/perm-labor-certification-process-guide-2026)
   • PERM Labor Certification 2026: Delays & Key Updates (https://immigrationfleet.com/articles/perm-labor-certification-2026-processing-times-surpass-500-days-what-employers-and-green-card-applicants-must-know)
   • PERM Processing Time in 2026: Current DOL Timelines, Audit Triggers & Delays (https://visa-pros.com/perm-processing-time-2026-dol-timelines-audit-triggers)
4. Identify Factors Affecting PERM Processing Times
   • PERM processing times FAQ for employers (https://bal.com/perspectives/perm-processing-times-faq-for-employers)
   • PERM Processing Times Remain a Challenge: Strategic Planning for 2026 - Reddy Neumann Brown PC (https://rnlawgroup.com/perm-processing-times-remain-a-challenge-strategic-planning-for-2026)
   • PERM Processing Time in 2026: Current DOL Timelines, Audit Triggers & Delays (https://visa-pros.com/perm-processing-time-2026-dol-timelines-audit-triggers)