2023 PERM Processing Steps and Timeline
Obtaining a Green Card is a long process that requires determination and patience. The process typically begins once a foreign worker receives a job offer from an employer in the United States. From there, the employer must file a labor certification commonly known as PERM. The PERM process alone has multiple steps, as outlined below.
What is PERM?
PERM stands for “Program Electronic Review Management.” It is an online system utilized by the United States Department of Labor (DOL) for processing and managing applications for labor certification under the Permanent Labor Certification program. It is also the first step in filing for a Green Card or an employment-based immigrant visa for a foreign national employee.
The PERM program is designed to ensure that employers in the US cannot hire foreign workers for jobs that qualified US workers could otherwise fill. It also streamlines the labor certification process by allowing employers to submit their applications electronically while providing the DOL with tools to review and process applications efficiently.
Overall, the PERM system is intended to help ensure that the US job market is fair and open to both US workers and foreign workers properly authorized to work in the US.
PERM processing steps and timeline
To apply for PERM, the employer and employee must meet all requirements outlined in 20 CFR § 656.17.
The employer must post a job offer in the United States, outlining the essential job duties and minimum requirements. (2-4 months)
The employer must request a prevailing wage determination (PWD) from the DOL. (6-8 months for approval)
The employer must complete a comprehensive recruitment process according to the DOL specifications. (minimum of 2 months)
Once the recruitment stage ends with no able, willing, and qualified US workers, the employer must file the PERM application with the DOL using ETA Form 9089. (the review and approval timeframe varies depending on the priority date assigned to each case)
The employer must file a petition to USCIS to classify the applicant as an immigrant worker with the I-140 Form. (currently 6-8 months for review and approval)
If the PERM is approved, the employee can begin filing for a Green Card with an I-485 Form.
Any timeframe information listed above is simply an estimate based on 2023 wait times and can vary significantly from case to case.
Can you check your PERM case status?
The PERM process requires a great deal of patience. Luckily, there are a few different ways to check on the status of your case and avoid missing any timely updates.
You can use this link to check the estimated processing time for the applications currently under review by the DOL each month.
Once Form 9089 is submitted, you can check up on the status of your case using the DOL’s Permanent Case Management System.
Applicants can also contact the help desk at the National Processing Center (NPC) to ensure all of the application materials are correct and ready for final review.
What happens if your PERM processing application is denied?
Following the filing of Form 9089, the DOL may either approve, deny, or audit the PERM. In the case of an audit, your employer may need to provide supplemental application materials for further review. In the case that a PERM is denied, the employer can submit a request for reconsideration within 30 days of receiving the initial decision. On the other hand, if you or your employer believe the DOL made an error, an appeal may be necessary.
Upwardli is here to help
Obtaining a PERM certification is often the first step in the process of qualifying for a Green Card sponsored by your place of work. The employer is responsible for submitting the necessary certification materials, but the wait time is often long and arduous for employees. With this uncertainty, it’s essential to begin preparing your financial foundation for life in the United States.
Upwardli was created to help new immigrants to America, regardless of their legal status, navigate our financial system. We help newly arrived immigrants learn about American personal finance, and we can help you build your credit score, one of the most important things you can do when starting your new life.
