Labor Immigration Law

United States Labor Immigration Law News and Analysis

Current PERM Processing Times (July 9, 2015)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

The Department of Labor (“DOL”) has provided an update on the current PERM filing and processing statistics in addition to the processing dates as of July 9, 2015.

Current PERM Processing Times

The processing times report by DOL for this month suggests slight increase in the PERM processing times compared to the last couple of months.    Regular PERM cases should take around seven months.

The processing times, as reported by DOL, are as follows:

  • Regular processing: December 2014.  DOL is processing PERM applications with priority dates of December 2014.  This report suggests that the processing times remain largely unchanged.   Accordingly, regular PERM processing times should be around seven months.   Our office has experienced PERM approvals consistent with this timeline and we can confirm it.    The PERM processing times have increased over the last few months – from around five to seven months — we hope that DOL will be able to change this trend and decrease their regular PERM processing times over the next months.
  • Audited applications: March 2014.  DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of March 2014.  This processing times report indicates that DOL is working more aggressively on decreasing the (already long) PERM audit backlog.    Accordingly, audited PERM applications are processed approximately 15 months after the initial PERM was filed and the priority date established.
  • Appealed applications (requests for reconsideration to the Certifying Officer):May  2015.  DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in May 2015.  There is an increase in this metric – only a few months ago it used to take 30-45 days to hear from the Certifying Officer.  Now, it may take 2 to 3 months to hear from the Certifying Officer after a PERM case is denied and a request for appeal is sent to the Certifying Officer.
  • “Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline.   However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the  “government error” queue or under the regular appeal queue.   As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response.  If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue.  If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.

Conclusion

The July 2015 PERM processing times report shows that the PERM processing times are largely unchanged but the PERM audit processing times are decreasing.     e are hopeful that DOL will be able to work on reversing this trend and start bringing the PERM processing times down over  the next months.

Our office has developed a great practice handling PERM filings and/or audit/appeal responses so please do not hesitate to contact us if we can help you.  Also, we will continue monitoring the PERM processing times and analyze any updates.  Please visit us again or subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.

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This article is presented by the Capitol Immigration Law Group PLLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationwide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.