Master the PERM Process: How Long It Takes and What to Expect

Introduction

The process for an employer to complete an employee’s labor certification application can be a mine field of regulations and forms. Knowing the process and the time frames involved will enable an employer to complete the process in a timely and cost effective manner. The steps involved in the PERM process are explained followed by the steps needed to process the application to minimize risks and obtain approval as quickly as possible.

Understand the PERM Process Overview

Hiring foreign workers is a complex process that employers must go through under the terms of the PERM process (Procedure for Hiring Foreign Workers). Here we explain how employers can go through the PERM process in order to ensure that hiring foreign workers does not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

1. Purpose of PERM: The purpose of the PERM process is to determine whether the employment of aliens will not adversely affect the job opportunities, wages, and working conditions of counterpart U.S. workers.
2. Steps of the PERM process:
   Step 1: Obtain a prevailing wage determination (PWD) for the job offer of the foreign national whom you wish to hire.
   Step 2: Conduct sufficient recruitment to test the labor market to fill the position of the foreign national employee you wish to hire.
   Step 3: The employer files the ETA Form 9089 with the Department of Labor (DOL) to process the labor certification application of the foreign national employee.
3. Significance of Adherence: Strict compliance with the rules and requirements for labor certification under the PERM system is necessary to enable the employment of foreign workers. Inaccurate job advertisements as well as an inaccurate job description in the job posting can lead to an audit of the labor certification application of the employer. Such an audit can take months to process.
4. Timeline Overview: In terms of planning and preparation, there is nothing more unpredictable than an immigration matter. As indicated above, the DOL processing time for labor certification is approximately 16-17 months. In addition to that time, the mere recruitment process takes a minimum of 60 days and sometimes even more. For that reason, we recommend that employers begin the process for permanent residency (green card) for their employees currently in H-1B status by their third year.

For companies sponsoring foreign national employees for permanent residency, it is important to be able to manage the process of labor certification and to be familiar with the current processing times and delays. It is also wise to conduct an internal evaluation of your current immigration strategy on a regular basis and to conduct recruitment efforts in a timely manner. With the correct information and approach, companies can be where they need to be with their foreign workers.

Follow the Step-by-Step PERM Application Process

We guide you through the application process for foreign workers sponsorship under PERM regulations.

1. Determine Job Requirements: The first step to take in the PERM application process is to clearly determine the job requirements for the job for which you need to sponsor a foreign worker to work in the United States. These requirements will be used when you begin to recruit applicants for the job and to complete the job description section of the ETA Form 9089.
2. Request a Prevailing Wage Determination (PWD): In order to obtain a prevailing wage determination for your employee you must file Form 9141 (Application for Prevailing Wage Determination) with the Department of Labor (DOL) within the PERM application process. Processing time of 6-8 months is typical.
3. Document Recruitment Activity: Labor market testing can be done through advertising of the available position via print media and on-line publications for a time period of 60 days to test the labor market.
4. Prepare and submit ETA Form 9089: As with the Form 726, ETA Form 9089 must be completed in full detail in order to process the labor certification application as expeditiously as possible. Delays will occur if required information is missing and/or not adequately addressed in response to a DOL audit.
5. Understand Audits: Audits from DOL are part of normal business practice. We shall help obtain any additional information or clarifications required by DOL during such an audit. In about 25% of all labor certification applications, some part of the application is subject to audit. Most of the information required to process a labor certification application is necessary to process the application correctly. The Department of Labor’s Office of Foreign Labor Certification currently states that “Employers should continue to expect prolonged timelines and prepare for delays in both adjudications and prevailing wage determinations.”
6. Wait Patiently: The certification process by the DOL can take several months. As we wait for the status change of your application request, we note that the typical processing time for a labor certification request within the PERM process is approximately 372 calendar days and thus people ask us how long is the perm process.

By following these steps, you will achieve your goal of employing foreign workers for whom you are the sponsor.

Estimate the Timeline for Each PERM Step

So you want to know how long the perm process takes? Besides the potential delays of an audit, that already can cause enough stress. Here is an overview of all steps of the PERM process and how long they typically take.

1. Prevailing Wage Determination: 5 to 8 months to process by the Department of Labor (DOL) for a Prevailing Wage Determination.
2. Employer’s Recruitment Processes: 60 days minimum (although time to put up advertisements and hold interviews can vary by several months). Time to hold interviews and reach a hiring decision will typically add an additional 1-2 months.
3. Filing ETA Form 9089: Once the above steps have been completed, the application for labor certification can be filed immediately using ETA Form 9085. Processing time for labor certification applications in 2026 is approximately 12-14 months.
4. Audit Considerations: Audit selected by the Service typically adds another 9+ months to the above process time.
5. Overall Timeline: This figure illustrates the time from the prevailing wage request through certification. Labor certification can take as little as 20 months or as much as 26 months for countries with current priority dates. For countries with backlogged priority dates it can take 5 years or more and up to 15 years after labor certification through the above process to get a green card. However, this will depend on the subsequent processing by the immigrant visa division.

Information for processing labor certification through the above process and subsequent processing by the immigrant visa division as well as information to assist in your search for future employment is available on this page.

Implement Strategies to Expedite the PERM Process

Approaching the required process with ‘fear and trembling’ for the possible hiccups is natural. But working effectively to drive these processes to their conclusion in due course will depend on five key issues that need to be discharged in the application process.

1. Document Your Application Fully and Accurately to Get it Approved Quickly: Be prepared to provide advertisements, recruitment documents etc. and complete ETA Form 9089 in order to process your application for approval by the DOL quickly. According to Immigration attorney Ana Gabriela Urizar documentation is key to approving labor certification applications.
2. Follow Processing Times: The DOL’s processing times for the time it takes to process labor certification applications have not decreased below 17 months for new applications. However, there has been a significant decrease in the outstanding work requests for the prior year’s cycle applications. Outstanding work requests for the prior year cycle applications have decreased to 183,776 from 328,399 applications in the prior year cycle.
3. Communicate: Respond promptly to requests from the DOL for additional information or clarification to process your labor certification application. Failure to respond within a reasonable time will cause your application to cease processing and you will be left wondering what happened to your application.
4. Use Legal Expertise: Even when an employer is processing a labor certification application of an employee, an experienced immigration attorney is of great value. She or he guides her client throughout the process and, thus, makes sure that all necessary steps are taken to reach the approval of the DOL’s labor certification application. See also Case Study ‘Recruitment Process for Applications’.
5. Monitor Recruitment: The Recruitment Activities conducted by the Employer must be recorded and will need to comply with the requirements for Recruitment of the DOL as stipulated. The time required for Recruitment as specified by the DOL is 60 days. See also Case Study ‘Recruitment Process for Applications’.

By following these steps, employers can minimize the potential risks during the time PERM processing is underway and help get others through the process as well.

Conclusion

We can support you through the complexity of the PERM process. In addition to helping you understand the wage determination for foreign workers and the many forms required to complete a PERM application, we can outline steps to efficiently process the application. Most importantly, we can highlight the importance of preparation and the importance of acting quickly to overcome long delays and even audits.

The goal of labor planning for the recruitment of highly skilled foreign workers is to implement a smooth hiring process for future employees of a company. To that end, employers must ensure that all applicable laws and regulations are complied with when using the many tools required to manage the PERM process to employ other highly skilled workers from around the world.

Frequently Asked Questions

What is the purpose of the PERM process?

The purpose of the PERM process is to determine whether the employment of foreign workers will not adversely affect the job opportunities, wages, and working conditions of U.S. workers.

What are the steps involved in the PERM process?

The steps of the PERM process include: 1. Obtaining a prevailing wage determination (PWD) for the job offer of the foreign national. 2. Conducting sufficient recruitment to test the labor market for the position. 3. Filing the ETA Form 9089 with the Department of Labor (DOL) to process the labor certification application.

Why is adherence to the PERM rules and requirements important?

Strict compliance with the PERM rules is necessary to enable the employment of foreign workers. Inaccurate job advertisements or job descriptions can lead to an audit of the labor certification application, which can take months to resolve.

What is the typical timeline for the PERM process?

The DOL processing time for labor certification is approximately 16-17 months, and the recruitment process takes a minimum of 60 days or more. Employers are advised to start the permanent residency process for employees in H-1B status by their third year.

What should companies sponsoring foreign national employees for permanent residency consider?

Companies should manage the labor certification process, stay informed about current processing times and delays, regularly evaluate their immigration strategy, and conduct timely recruitment efforts to ensure they can effectively support their foreign workers.

List of Sources

1. Understand the PERM Process Overview
   • 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)
   • DOL to Propose PERM Program Changes (https://fragomen.com/insights/united-states-dol-to-propose-perm-program-changes.html)
2. Follow the Step-by-Step PERM Application Process
   • DOL Signals Planned Changes to the PERM Labor Certification Program: What Employers Should Expect - Reddy Neumann Brown PC (https://rnlawgroup.com/5564-2)
   • August 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
3. Estimate the Timeline for Each PERM Step
   • PERM Processing Time in 2026: Current DOL Timelines, Audit Triggers & Delays (https://visa-pros.com/perm-processing-time-2026-dol-timelines-audit-triggers)
   • January 2026 PERM and Prevailing Wage Processing Times Update - Reddy Neumann Brown PC (https://rnlawgroup.com/january-2026-perm-and-prevailing-wage-processing-times-update)
   • PERM Processing Time in 2026: Current DOL Timeline (https://grapelaw.com/blog/us-immigration/how-long-perm-process-take-a-comprehensive-guide)
   • August 2026 DOL PERM & Prevailing Wage Processing Updates (https://envoyglobal.com/insight/perm-processing-updates-issued-by-dol)
   • PERM processing time in 2026 - full timeline (https://tukki.ai/blog/perm-processing-time)
4. Implement Strategies to Expedite the PERM Process
   • 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)
   • Immigration and Citizenship Data (https://uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data)
   • EB-2 PERM Statistics in 2026: Labor Cert and Backlogs (https://manifestlaw.com/blog/eb2-perm-statistics)