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What is PERM?
PERM is the abbreviation for “Program Electronic Review Management”. This is the first step when filing a Green Card or an employment-based immigrant visa for your foreign national employee. During this process, the employer:
Files a “prevailing wage request” to the Department of Labor (DOL) via its FLAG website. The DOL uses the request to determine and issue the employer with a prevailing wage determination (PWD). This PWD dictates the wage for the position based on worksite location and experience level required for the job.
Starts recruitment to ensure no willing and qualified U.S. domestic worker applies for the job. There are these mandatory postings that the employer needs to place -
An advertisement with the state workforce agency for 30 days
An advertisement with a major regional newspaper on two different Sundays
Job notice at the worksite for ten (10) consecutive days
Any of three additional activities, such as: participating in a job fair, placing TV or radio ads, on-campus recruiting, etc.
Files ETA Form - 9089 after the 30-day mandatory period has passed and provided no qualified U.S. domestic worker was found for the job. This form is filed online via the DOL’s website.
PERM Processing Time in 2025
The total time for the PERM process varies based on the underlying steps that need to be taken and approved. Let’s look at each step, and the estimated time it is currently taking to complete it.
Prevailing Wage Determination
As of March 2025, the DOL is currently taking approximately six months (180+ days) to determine the prevailing wage. Requests submitted in September 2024 are now being processed.
Some cases may require additional review by DOL’s expert analysts after the prevailing wage is determined. This step can take over 12 months, with the analysts currently reviewing cases from September 2023.
Recruitment efforts
Recruitment generally begins after the PWD is issued and can take between 30 to 60 days.
ETA Form 9089 Processing
Once the recruitment period is completed, employers file ETA Form 9089. As of March 2025, DOL is taking an average of 497 days to adjudicate PERM applications. Currently, applications submitted in November 2023 are under review.
Possible Outcomes of a PERM Filing
PERM Approval
PERM Denial
PERM Audit – If the DOL selects an application for an audit, the employer must provide additional documentation, which causes further delays. As of March 2025, audited cases are taking more than 496 days to receive a final decision.
Pending PERM Applications by Receipt Month:
The table below outlines the number of PERM applications pending as of March 1, 2025, categorized by their receipt month:flag.dol.gov
Receipt Month | Number of Pending Applications |
May 2024 | 7 |
June 2024 | 15 |
July 2024 | 29 |
August 2024 | 499 |
September 2024 | 8,564 |
October 2024 | 13,507 |
November 2024 | 12,645 |
December 2024 | 13,100 |
January 2025 | 15,531 |
February 2025 | 17,360 |
These figures indicate a significant number of applications pending from late 2024 and early 2025, which may impact future processing times.
Key Takeaways:
Extended Processing Times: The average processing time for analyst reviews has increased to approximately 497 days as of February 2025.flag.dol.gov
High Volume of Pending Applications: A substantial backlog exists, particularly for applications submitted from September 2024 onwards.
Employers and applicants should anticipate longer processing times due to the current backlog. It is advisable to plan accordingly and consider these timelines when preparing and submitting PERM applications.
How to check PERM Status?
Check the DOL’s PERM Processing time - you can use this link to check the processing time for the applications under review each month.
Check Filing Date - if your attorney has filed Form 9089 online, you can check the status using the DOL’s Permanent Case Management System.
What’s next?
Once the PERM is approved, the employer can proceed to file an I-140 petition on behalf of the foreign national employee, which is the next step in the employment-based Green Card process.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.