Guide

Processing Times for PERM in 2026

Published on
July 1, 2026
Share this post
Abstract digital artwork in purple tones representing PERM processing times, featuring a horizontal glowing line connecting three bright circular nodes positioned above layered geometric shapes. The rectangular and rounded forms create a clean, minimal vis
Updated August 10, 2026 with corrected DOL processing-time data and sourcing

Processing Times for PERM in 2026

DOL and the State Department both published new numbers this cycle: an updated PERM processing-times snapshot from DOL's FLAG dashboard and a new Visa Bulletin for August 2026. Here's what changed, what didn't, and what it means for how you track PERM cases on your team's roster.

What is PERM?

PERM stands for "Program Electronic Review Management." For most employer-sponsored EB-2 and EB-3 green cards, it is the first required step. Some categories, including EB-1, EB-2 National Interest Waivers, and Schedule A occupations, do not require PERM.

The PERM process has three distinct stages:

  • Prevailing Wage Determination (PWD): The employer files a request with DOL to determine the minimum salary required for the position, based on job title, location, and experience level.
  • Recruitment: The employer runs required job advertisements to test whether there is a U.S. worker who is able, willing, qualified, and available for the role.
  • ETA Form 9089: If no such U.S. worker is identified, the employer files the PERM application itself. The filing date becomes the employee's priority date.

How Long Does It Take?

DOL's processing-time data is a monthly snapshot, not a promise for an individual case. As of August 7, 2026, DOL reported an average of 372 days for PERM analyst review and was reviewing cases filed in September 2025. Prevailing wage and recruitment timing should be planned separately from that analyst-review figure, using the tables below. Audits can materially extend the process, but DOL does not currently publish a standard average for audit duration, so use the current DOL audit queue date rather than a fixed number of additional days when you're estimating a specific case.

StageProcessing Time
Prevailing Wage Determination~3 months
Recruitment30-day job order, plus a 30-day quiet period before filing
ETA Form 9089 (Analyst Review)372 days (~12.2 months)
ETA Form 9089 (if audited)Varies; no current DOL average published

Source: DOL FLAG Processing Times, as of 8/7/2026.

Step 1: Prevailing Wage Determination

PWD TypeRequests Currently Being Processed
Standard (OEWS Data)April 2026
Private Survey (Non-OEWS)March 2026

Source: DOL FLAG Processing Times, as of 6/30/2026. OEWS requests have moved forward one month since the June update.

DOL's queue is still substantial. As of the June 30 data, most pending PERM prevailing wage requests were filed from April through June 2026, although a smaller number of earlier requests also remained pending:

Request FiledRequests Remaining
December 202511
January 202663
February 2026106
March 2026627
April 202614,386
May 202618,310
June 202616,797

Source: DOL FLAG Processing Times, "Remaining Requests by Receipt Month," as of 6/30/2026.

Step 2: Recruitment

Mandatory recruitment activities include:

  • A job order with the state workforce agency for 30 days
  • Print advertisements in a major regional newspaper on two different Sundays
  • A worksite posting for ten consecutive business days
  • Three additional recruitment steps from a prescribed list, for professional occupations

Recruitment timing runs on two separate clocks: the 30-day job order itself, and a required 30-day quiet period after the last recruitment step before the employer can file. Regulations require the mandatory recruitment steps to be completed at least 30 days, and no more than 180 days, before filing. In practice, once you factor in scheduling newspaper ad dates and reviewing applicant responses, the full process often takes 2 to 3 months.

Coming changes: not yet in effect DOL's regulatory agenda lists a planned rulemaking, "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program," targeting recruitment standards, protections for U.S. workers affected by layoffs, nondiscrimination requirements, and recordkeeping. The agenda does not specify that print newspaper ads will be replaced with online recruitment; that is one way employers and firms have speculated the rule could go, not something DOL has proposed in writing. As of this update, DOL has not published a Notice of Proposed Rulemaking, so there is no proposed text, no comment period, and no effective date. The agenda's own timetable listed a target of July 2026 for the NPRM, which has not been published as of this writing. The recruitment steps above remain the current legal requirement until that changes.

Step 3: ETA Form 9089

Processing QueueCases Currently ReviewedAverage Days
Analyst ReviewFiled September 2025372 days (~12.2 months)
Audit ReviewFiled December 2025Not currently reported
Reconsideration RequestFiled March 2026Varies

Source: DOL FLAG Processing Times, as of 8/7/2026.

Possible outcomes at this stage:

  • Approval
  • Denial
  • Audit (moves the case to a separate, slower review queue)

Visa Bulletin, August 2026

Which chart applies this month Final Action Dates apply for filing purposes by default, unless USCIS specifically authorizes use of the Dates for Filing chart that month. For August 2026, USCIS has confirmed employment-based applicants should use the Final Action Dates chart to determine when they can file Form I-485. The Dates for Filing chart still matters for planning purposes and for family-sponsored categories. Check USCIS's chart-selection page each month, since this determination can change.

Final Action Dates

CategoryRest of WorldIndiaChina
EB-1CurrentOct 15, 2022Jul 1, 2023
EB-2CurrentUnavailableSep 1, 2021
EB-3Sep 1, 2024Jan 1, 2014Jan 1, 2022

Dates for Filing

CategoryRest of WorldIndiaChina
EB-1CurrentDec 1, 2023Dec 1, 2023
EB-2CurrentJan 15, 2015Jan 1, 2022
EB-3CurrentJan 15, 2015Jan 8, 2022

Source: U.S. Department of State, Visa Bulletin for August 2026.

What moved since July: on the Final Action Dates chart, EB-1 China advanced one month, and EB-3 Rest of World and EB-3 China each advanced modestly. On the Dates for Filing chart, EB-3 China advanced a week, from January 1 to January 8, 2022; EB-2 and the rest of EB-3 held flat. India EB-2 remains unavailable on Final Action Dates, as it was in July.

Watch this The August 2026 bulletin also flags that continued high demand could push the State Department to retrogress EB-2 final action dates or make the category unavailable again in the coming months to stay within FY2026 limits, and that EB-1 India could become unavailable before the fiscal year ends if its pro-rated allocation is reached. Neither of those has happened yet. They're flagged risks, not confirmed outcomes.

What HR Should Do This Month

None of the data above predicts the outcome of a specific case. What it does support is a monthly discipline for tracking where every PERM case sits:

  • 1
    Record the DOL snapshot date in your case tracker (for example, "analyst review as of 8/7/2026") rather than relying on a static timeline estimate.
  • 2
    Identify which employees are in prevailing wage, recruitment, analyst review, and audit stages, and note the stage-specific queue date for each.
  • 3
    Confirm upcoming recruitment, filing, and document deadlines with counsel, rather than back-calculating from a published average.
  • 4
    Track PERM timing separately from I-140 readiness and Visa Bulletin availability. A PERM certification does not by itself mean a green card is available.
  • 5
    Send affected employees a status update that names the next milestone, who owns it, and when you expect to review it next.

How to Check Case Status

  • Check current PERM processing times at flag.dol.gov/processingtimes (updated at the end of the first work week each month)
  • Use DOL's FLAG Case Status Search to check current PERM matters. For legacy PERM applications filed before May 31, 2023, DOL directs users to the legacy PERM Online System at plc.doleta.gov.
  • Monitor the Visa Bulletin (typically released mid-month)

Frequently Asked Questions

What is the difference between Analyst Review and Audit Review?

Analyst Review is the standard processing path. A DOL analyst reviews the ETA Form 9089 application and, if everything is in order, certifies it. Audit Review happens when DOL selects a case for additional scrutiny and moves it to a separate, slower queue. DOL does not currently publish a standard average duration for audit review, so check the current audit queue date on FLAG rather than adding a fixed number of days.

Does job title or salary change processing time?

DOL publishes queue-level timing by case type and filing period, but an individual case may take longer because of audits, requests for information, case-specific issues, or agency workflow. We don't have DOL sourcing for a specific rule tying wage level or job specialization to added time, so treat any such estimate case-by-case with counsel rather than as a general pattern.

What happens if an employee changes roles or gets promoted?

A PERM application is tied to a specific job, employer, worksite, and salary. Flag any change in duties, worksite, offered wage, or other material terms for immigration counsel before acting on it. Whether the change requires withdrawing and refiling is fact-specific, and counsel needs the details of the change to make that call.

What does "unavailable" mean for India EB-2?

It means that category is unavailable for visa issuance that month, for that chargeability area. The mechanics behind why a category becomes unavailable in a given month, and when it reopens, can be more nuanced than a simple annual cap being reached, so check the current bulletin's commentary rather than assuming a fixed annual allocation was exhausted.

Is DOL changing the PERM recruitment rules?

DOL's regulatory agenda lists a planned rule to modernize PERM recruitment standards, layoff-related protections, nondiscrimination requirements, and recordkeeping. As of this update, DOL has not published a Notice of Proposed Rulemaking, so there's no proposed text to review and no comment period open yet. Current recruitment requirements still apply. Treat this as a "watch for it," not a "plan around it yet."

When should HR start the PERM process for an employee?

That's a planning question for counsel, not a general rule. Work through visa-status timing, role stability, recruitment readiness, and the employee's broader immigration strategy with your immigration counsel before setting a start date.

Primary Sources
Tracking PERM cases through audit or a stalled priority date across your team's roster? Talk to us about how to set up that tracking.
Talk to our team

This article is for informational purposes only and does not constitute legal advice. Processing times change frequently. Check flag.dol.gov/processingtimes directly for the current month's data, and consult qualified immigration counsel before making sponsorship decisions for specific employees.

Immigration clarity, straight to your inbox.

Get actionable insights for workforce planning. Delivered once a week.

You are now subscribed!
Oops! Something went wrong while submitting the form.

Everything you need to know

From timelines to compliance, here are quick answers to the questions HR, founders, and employees ask us most.

No items found.