Navigating the U.S. immigration process can be complex and time-consuming especially for employment-based green cards. One key part of this process is Program Electronic Review Management (PERM) certification. Understanding its processing time can provide employers and foreign workers planning permanent residency in the US an invaluable advantage.
What Is PERM?
The U.S. Department of Labor utilizes Program Electronic Review Management, or PERM, as a system for processing labor certification applications submitted by foreign workers seeking permanent residency. Employers often require certification through PERM before sponsoring such foreign workers for employment-based green cards. As this ensures they won’t negatively affect job opportunities, wages or working conditions for U.S. workers.
Processing Time for Labor Certification Applications
The Department of Labor can take anywhere between five days and twelve months to review and approve labor certification applications submitted under PERM, depending on multiple factors such as volume of applications submitted, complexity of case, additional DOL requests for information or audits initiated. This timeline may change significantly based on these variables as well.
Since 2023, processing times for PERM applications have varied depending on various factors. On average, six to eight months has been the typical range; however, cases requiring audit or additional documentation could take much longer.
Regular Processing: Most PERM applications filed in 2023 experienced processing times ranging between six and eight months.
Audit Cases: When applications are chosen for auditing, its processing time could increase significantly.
Auditors conduct these audits to assess compliance with labor certification regulations, typically including an in-depth review of its contents and details.
Appeal Filings: In cases in which an application is denied and an appeal is filed, processing times can become even longer. BALCA reviews all appeals and may take several months or more to make its decision.
There is cautious optimism regarding improvements to PERM processing times by 2024.
A variety of factors could contribute to such success, such as policy modifications, technological developments, or Department of Labor initiatives to streamline application review procedures.
Technological Developments: Implementing cutting-edge technologies and automation techniques into the application review process could significantly shorten processing times by eliminating manual interventions and speeding up routine tasks.
Policy Changes: Changes that aim to increase efficiency and decrease backlog could significantly speed up PERM processing times, according to stakeholders who hope that DOL will implement measures designed to accelerate this review process.
Staff Increase: Dedicating more personnel and resources towards processing PERM applications could help alleviate delays while speeding up overall processing times.
Will PERM Processing Times Improve in 2024?
A top concern among candidates and employers alike is whether PERM processing times will improve by 2024 while this cannot be predicted with certainty, certain indicators point toward potential improvements:
Policy Initiatives:. The Biden administration has expressed their dedication to improving the effectiveness of immigration system, such as potential reforms to speed up PERM process.
Engaging DOL and immigration stakeholders could yield more effective solutions and process improvements.
Automation and Technology:. Investment in automation and technological innovations by the DOL should help speed up application reviews more rapidly and accurately, helping decrease processing times.
Green Card PERM Processing Time
Employment-based green card applications rely on the PERM certification as part of their approval. Once it has been received and approved, employers can submit an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). Since PERM approval delays can affect overall green card processing times, businesses should ensure they understand any potential delays before starting.
Once approved by PERM for permanent residence status
An I-140 petition must be submitted within 180 days to begin processing. However, this time frame could range anywhere from six months to one year depending on which service center manages your case.
Adjustment of Status:. For applicants already living in the U.S., filing Form I-485 can help adjust their residency status legally and can take between three months and over one year for processing times.
Consular Processing: Applicants located outside the U.S. who require consular processing will be interviewed at an American embassy or consulate outside their own country and could take several months longer for processing their green card application. Tips for Navigating PERM Processing
Due to the variable processing times associated with PERM projects. You must plan and begin this process as early as possible.
Prepare Thorough Documentation: For optimal efficiency in terms of timeliness and reliability of information requests related to projects. Monitor Case Status: Regularly monitor the status of your PERM application and respond swiftly to any audit requests from DOL.
Acquire Professional Assistance:. When seeking professional advice or assistance for the PERM process, consider consulting an immigration attorney or expert who can guide you through its complexities and help address any obstacles or complications that may arise.
Conclusion
Understanding PERM processing times is of utmost importance for employers and foreign workers navigating the employment-based green card application process. While processing times varied significantly between 2023-and 2024. Remaining informed and prepared allows applicants to more efficiently manage expectations and plan their immigration journey more effectively.
Syed Professional Services. Dedicated to helping our clients navigate the complexities of US immigration law and policy, including PERM applications and beyond. Our knowledgeable professionals are always on hand to offer guidance and assistance during these processes.
