U.S. employers must receive a Permanent Labor Certification (PERM) to hire foreign workers, but have you ever wondered about the variables involved in the PERM processing time?
In this blog post we will explore the variables that affect the PERM processing time, but first, let’s discuss the basics of Permanent Labor Certification.
The PERM Labor Certification process lets employers in the United States demonstrate to the Department of Labor (DOL) that there is a need to employ a foreign worker for a certain position because there are no available U.S. workers to fill a job vacancy.
Employers benefit by getting permission to expand the applicant pool to foreign workers and foreign workers benefit because the U.S. Immigration and Nationality Act allows hardworking foreign nationals to permanently live and work in the United States.
If you need a PERM labor certification attorney, please reach out to Warren Law Firm. We have over 20 years helping people with their employment-based immigration needs.
PERM Processing Time: Critical Stages of the Process
When an employer believes that the best way to fill a vacancy in their business is by employing a foreign worker, they should consult an immigration attorney familiar with work visas. Consulting with an attorney at the first stage will ensure a faster PERM processing time.
Experienced immigration attorneys like those at Warren Law Firm will help you, as the employer, and your potential employees through every step of the PERM labor certification and visa process, including assisting your employee with applying for Adjustment of Status or using consular processing if they are immigrating to the United States.
PERM Processing Time: Determining the Prevailing Wage
Stage 1 PERM Processing Time: 18 Days to 1+ Years
Your attorney will begin the process by helping you file a prevailing wage request with the DOL. This is the first step to consider when considering PERM processing time. This step is done by filing a ETA Form 9141, Application for Prevailing Wave Determination with the DOL using the Foreign Labor Application Gateway (FLAG) system.
This step will likely take only a couple of months, but if the job requires further review, this process could take over a year. The DOL will use your ETA Form 9141 application information to issue a Prevailing Wage Determination (PWD). A PWD establishes the appropriate wage that you as the employer are expected to pay for the position based on required experience and the location of your job opening.
PERM Processing Time: Allowing for U.S. Recruitment
Stage 2 PERM Processing Time: 30 to 60 Days
Once you have the PWD, your attorney will guide you through the expectations placed upon you by the DOL to conduct a recruitment process. This step will take up a minimum of 30 days of the PERM processing timeline. The recruitment process is done to ensure that you aren’t filling a position with a foreign national that a U.S. worker would want. The steps for this process include:
- Posting the job opening with the state’s workforce agency for 30 days.
- Posting an ad in a major newspaper in your area on two separate Sundays.
- Displaying a job opening advertisement at your worksite for ten days in a row.
- Engage in three other activities of recruitment such as placing radio ads, TV ads, participating in a job fair, posting on LinkedIn, posting on your website, contacting a recruiter, etc.
Recruitment efforts must comply with DOL standards and include the following:
- The name of your business
- Instructions for applicants to send resumes to you
- A complete description of the vacant position
- The geographical area of employment
- A declared wage that is not lower than the PWD
- No extra duties that exceed the expectations that will be listed on the Form ETA Form 9089
- No conditions that are less favorable than what will be offered to the foreign worker
PERM Processing Time: Application for Permanent Employment Certification
Stage 3 PERM Processing Time: About 1 Year
Your attorney will also help you submit ETA Form 9089, Application for Permanent Employment Certification with few exceptions. The DOL will either approve, deny, or audit this application. Unfortunately, if the DOL chooses to audit the application, it will increase the PERM processing time significantly. You can reduce your risk of an audit by choosing a highly experienced immigration law firm like Warren Law Firm.
Other Factors Affecting PERM Processing Time
Other factors can also affect the PERM processing time. These other factors affecting the PERM processing times include:
- Backlogs in applications at the DOL due to a surge in PERM labor certification applications
- Limited resources at the DOL including funding changes and staffing issues
- The introduction of new systems to process PERM applications
- Changes to forms such as the updated ETA Form 9089
Experienced immigration attorneys will take proactive approaches to mitigate delays in PERM processing times. They may suggest that you start the recruitment stage while still waiting on the PWD if you believe you know the salary range will satisfy the PWD requirements and your need is urgent due to a worker’s pending visa expiration date.
Your attorney will be sure to prepare all applications carefully and attach documentation to prevent delays. Your attorney will also look over your recruitment verbiage to ensure that it complies with DOL requirements.
Reduce PERM Processing Time with an Experienced Immigration Attorney
The PERM processing timeline, as you can see, varies significantly, but your chance of approval and a shortened PERM processing time increase when you team up with a qualified immigration attorney.
Warren Law Firm is a trusted legal resource for all immigration legal matters including employment-based immigrant visa preparation and nonimmigrant work visa preparation. Warren Law Firm also excels at helping immigrants self-petition for work-related immigrant visas using the National Interest Waiver. Contact us today for a consultation.