If you’re pursuing an employment-based green card, understanding the PERM processing time in 2025 is essential. Currently, the average time to process a PERM application is approximately 472 days, or about 16 months from the date of filing.
Before submitting a PERM, employers must complete several key steps:
- The Prevailing Wage Determination (ETA-9141) takes around 4 months.
- The mandatory recruitment phase requires at least 60 days.
- PERM audits are increasingly common, adding several months to the total timeline.
The PERM Labor Certification (Program Electronic Review Management) is a crucial step for U.S. employers looking to sponsor foreign professionals for permanent employment. This certification confirms that no qualified U.S. workers are available for the offered position. The process involves several stages, each with its own timeline and potential delays.
PERM Processing Time in 2025: What to Expect
As of 2025, the average PERM processing time is around 472 days (approximately 16 months) from submission to approval. This is a significant increase from pre-COVID years when PERM applications were processed within just three to four months.
Several factors have contributed to the longer processing times, including:
- Increased demand for employment-based green cards without a matching rise in Department of Labor (DOL) staffing.
- More frequent and detailed PERM audits issued by the DOL.
- Post-COVID backlogs due to staffing shortages and temporary office closures.
In addition to PERM processing, the Prevailing Wage Determination (PWD) takes roughly four months, while employers must also complete a minimum 60-day recruitment period (30 days of job posting and a 30-day quiet period) before filing.
Two key agencies are involved in the employment-based green card process:
- The Department of Labor (DOL) – responsible for labor certification.
- The U.S. Citizenship and Immigration Services (USCIS) – responsible for processing the green card application after DOL approval.
An employer must first secure a certified PERM Labor Certification from the DOL before filing the green card petition (Form I-140) with USCIS.
Understanding the PERM Timeline
Here’s a general breakdown of the PERM labor certification process and its timeline:
- Job Description and Requirements
The employer defines the duties, required education, experience, and skills for the position. - Prevailing Wage Determination (ETA-9141)
Filed with the DOL to establish the correct wage based on the role, location, and economic conditions.
Average processing time: ~4 months. - Recruitment Phase
Employers must complete a minimum of 60 days of recruitment, including:- Job orders on state employment websites
- Newspaper and online advertisements
- Internal posting (Notice of Filing)
This phase ensures U.S. workers have priority access to the position before hiring foreign talent.
- Job orders on state employment websites
- Filing the PERM (ETA-9089)
Once recruitment is complete and no qualified U.S. applicants are found, the employer may file the PERM application (ETA-9089).
Average processing time: ~472 days.
The Prevailing Wage Determination (ETA-9141)
The Prevailing Wage Determination (PWD) is the foundation of the PERM process. It establishes the minimum salary the employer must offer for the specific position. On average, the DOL takes about four months to process this step.
Employers should wait for the official wage determination before proceeding with recruitment, as errors or premature filings can lead to denials or costly delays.
The Recruitment Phase: Ensuring Fair Opportunity for U.S. Workers
The recruitment phase ensures that no qualified U.S. worker is available for the position before a foreign national is sponsored.
This step requires:
- Posting a state job order for at least 30 days
- Publishing ads in newspapers or professional journals
- Posting an Internal Notice of Filing (NOF) at the workplace
After the job order runs for 30 days, employers must observe an additional 30-day quiet period to allow applicants to respond. Therefore, this phase takes at least 60 days in total.
Mistakes in timing, documentation, or ad placement can delay the entire process or result in denial. Working with immigration attorneys at Green Card Link ensures your PERM filing meets every DOL requirement and avoids unnecessary setbacks.
PERM Application (ETA-9089) Processing Time
Once recruitment is complete, the employer may file the ETA-9089 application.
If the application is not audited by the DOL, a decision typically arrives within 16 months. However, additional verification steps may cause delays. The DOL sends a sponsorship verification email to confirm the employer’s intent; failure to respond promptly can result in phone verification attempts and longer processing times.
The DOL also publishes PERM case statistics and tracker data that provide insights into current trends and average timelines.
PERM Labor Certification Audits
Audits are a normal part of the PERM process and can significantly extend processing time. These come in two forms:
- Random audits – selected by chance to maintain system integrity.
- Targeted audits – triggered by specific factors such as:
- Positions requiring less than a bachelor’s degree
- Employer-employee relationship concerns
- The beneficiary owning company stock or being related to the employer
- Job positions related to trade or certain educational institutions
- Employer acknowledgment of recent layoffs
- Positions requiring less than a bachelor’s degree
If audited, employers generally receive a letter within six months of filing and must respond within 30 days. Once the DOL receives the audit response, reviews are handled in the order received, which can take up to nine additional months.
Even if audited, a PERM application can still be approved. However, the total processing time can increase by 10 months or more, depending on the complexity of the case.
Understanding PERM Status Updates
- PERM Certified: Approved and valid for 180 days from the approval date.
- PERM Certified – Expired: Approved but not used to file an I-140 within six months; requires refiling to retain a new priority date.
- Withdrawn: Employer voluntarily withdrew the PERM application.
- Denied: The PERM application was rejected by the DOL.
Supervised Recruitment in the PERM Labor Certification Process
In certain cases, the U.S. Department of Labor (DOL) may require an employer to conduct supervised recruitment as part of the PERM Labor Certification process. This additional measure ensures that employers take all reasonable steps to recruit qualified U.S. workers before offering a job opportunity to a foreign national.
When a case is designated for supervised recruitment, the employer has 30 days to submit a proposed advertisement draft to the DOL based on its detailed guidelines. The DOL then reviews the draft, which can take a few weeks to several months, depending on workload and case complexity. During this review, the DOL may also request additional details about the job position or qualifications.
Once the advertisement is approved, the employer must publish it within 15 days in the specific media channels prescribed by the DOL. Following this publication, a 60-day recruitment window opens, during which the DOL forwards any job applications directly to the employer for review.
After the recruitment period closes, the employer is required to submit a comprehensive recruitment report within 30 days summarizing all hiring efforts and outcomes. The DOL then processes this report—typically taking at least 30 days—to make a final determination.
While no strict processing time applies, employers should maintain consistent communication with the DOL and respond promptly to any requests for information to prevent unnecessary delays.
According to the DOL, the average processing time for a “clean application”—one that requires no further clarification—is approximately 180 days. If the DOL requests additional information or extensions are needed, this timeframe may increase significantly.
Supervised recruitment is often triggered when an employer fails to respond properly to an audit notice or provides incomplete documentation. To minimize the risk of such audits and delays, it’s crucial to ensure every step of your PERM Labor Certification process is accurate and compliant with DOL standards.
How to Expedite PERM Processing Time
The most reliable way to speed up your PERM processing time is by submitting a well-prepared and error-free application that avoids triggering audits. Of all the stages in the employment-based green card process, only the Form I-140 (Immigrant Petition for Alien Worker) is eligible for premium processing. Every other stage, including the PERM filing itself, follows standard processing timelines that can stretch across several months.
Industry data shows that nearly one-third of PERM applications undergo an audit review, underscoring the importance of working with experienced professionals. Collaborating with immigration attorneys at Green Card Link who specialize in PERM Labor Certification can help you build a strong case and significantly improve your chances of direct approval.
In 2025, the best way to avoid delays is to closely follow DOL instructions and respond promptly to all communications. You can monitor your case using PERM case trackers and check current processing times through official DOL resources to stay informed throughout the process.
PERM Labor Certification: Frequently Asked Questions (FAQs)
Will PERM processing times improve in 2025?
Due to ongoing backlogs and limited DOL staffing, it’s unlikely that processing times will significantly improve in 2025. Applicants should plan accordingly for extended waiting periods.
What visas require a prevailing wage determination and PERM approval?
Most employment-based green card applications, especially under EB-2 and EB-3, require a PERM prevailing wage determination. However, for some temporary visas—like the H-1B, H-1B1, E-2, E-3, and L-1—employers may independently determine prevailing wages through a Labor Condition Application (LCA).
What’s the difference between PERM and LCA?
The PERM Labor Certification is used for certain green card categories, while the LCA applies primarily to H-1B visas. The LCA ensures fair wages and working conditions for current employees, while PERM focuses on ensuring no qualified U.S. worker is overlooked for a permanent position.
Who processes PERM applications?
PERM Labor Certifications are processed exclusively by the U.S. Department of Labor, not USCIS.
How does the DOL determine the PERM prevailing wage?
The DOL relies on its Online Wage Library, which uses the Occupational Employment Statistics survey. Factors considered include job location, education level, experience, supervision required, and skill set. Employers can also request a private wage survey, provided it meets DOL regulations.
What is the current ETA 9098 processing time in 2025?
The fastest ETA 9098 (prevailing wage determination) processing time in 2025 is approximately 16 months.
Can PERM applications be premium processed?
No. Premium processing is not available for PERM, though it can be used for the I-140 petition.
How much does the PERM process cost?
The ETA 9089 form has no government filing fee. However, employers must cover advertising and recruitment expenses required during the process.
Can PERM requirements be waived?
Yes, in limited cases. EB-1 green cards do not require PERM, and EB-2 applicants may bypass it through a National Interest Waiver (NIW) by demonstrating that waiving the labor certification benefits the U.S. more than enforcing it.
How are timelines counted in the PERM process?
Recruitment timelines exclude the posting day itself. The day after posting counts as day one, and the 30th day marks the end of the recruitment period. This counting method applies to all PERM deadlines.
What happens if an employer fails to respond to an audit notice?
Failure to respond within the specified timeframe results in automatic denial of the application. Employers, agents, or attorneys could also face suspension from the labor certification program for up to three years if a recurring pattern of non-compliance is found.
Can an employer withdraw a PERM application under audit?
Yes, but only if approved by the Office of Foreign Labor Certification (OFLC) or Atlanta National Processing Center (ANPC). Note that withdrawal does not exempt the employer from responding to the existing audit notice.
What are the consequences of withdrawing a PERM application under audit?
If an employer withdraws and refiles, the new application may be subject to supervised recruitment, and the DOL may also subject future filings to the same scrutiny for a set period.
Do all employment-based green cards require PERM?
No. The EB-1 category and EB-2 NIW do not require PERM labor certification. However, EB-2 (non-NIW) and EB-3 petitions typically do.
How long is an approved PERM Labor Certification valid?
An approved PERM certification remains valid for 180 days. The employer must file the I-140 petition within this period, or the certification will expire.
Does a part-time job qualify for PERM sponsorship?
No. PERM applies only to full-time, permanent positions. Part-time roles are not eligible.
How can I check my PERM case status?
Employees cannot directly contact the DOL, but employers can check PERM status online or contact the National Processing Center at (404) 893-0101 for updates.
How Green Card Link Can Help You Navigate the PERM Timeline
The immigration attorneys at Green Card Link have extensive experience securing PERM Labor Certification approvals and guiding employers and foreign professionals through each step—from job advertising to responding to DOL audits. Their expertise ensures that every submission is timely, accurate, and compliant with DOL regulations.
If your PERM case involves supervised recruitment, a pending audit, or other complexities, contact Green Card Link today to schedule a personalized consultation. The immigration attorneys will help you optimize your application strategy and reduce the risk of costly delays.