In 2026, PERM timelines are anchored by an official DOL benchmark: the average PERM processing time at the Analyst Review stage for January 2026 is 512 calendar days. With numbers like this, planning can’t rely on “how it used to be.” You need a date-driven strategy from PWD and recruitment through ETA-9089, potential audit, I-140, and visa availability under the Visa Bulletin (including USCIS monthly rules for filing I-485).
Official DOL reference points used in planning
- PERM (Analyst Review): average processing time — 512 days (Jan 2026).
- PERM processing queue: cases in adjudication are around September 2024 (Analyst Review) and June 2025 (Audit Review).
- PWD for PERM processing queue: receipt dates around November 2025 (OEWS) and October 2025 (non-OEWS).
How to use this guide: First, we clarify what “512 days” means and how to read the DOL processing queue correctly. Then we map the 2026 timeline (PWD → recruitment → ETA-9089 → audit → I-140 → Visa Bulletin/AOS) and explain status planning, including two AC21 extension modes (1-year and 3-year) and practical buffers to reduce max-out risk.
DOL publishes PERM and PWD processing data on the FLAG/OFLC portal. The 512 calendar days figure refers to the average PERM processing time at the Analyst Review stage (January 2026). It is not “time to a green card,” and it is not a guarantee for a specific case—rather, it is an official benchmark for one stage inside DOL adjudication.
How to read the “processing queue” without common confusion
- Average time and the queue are different metrics. The average reflects how long adjudications took; the queue shows which filing dates are currently being worked. Together they provide a more realistic planning view than either metric alone.
- DOL “priority date” vs Visa Bulletin “priority date” are different contexts. In DOL queue reporting, “priority date” typically means the ETA-9089 filing date for PERM adjudication purposes. In the Visa Bulletin, “priority date” is used for visa availability in employment-based categories. For PERM-based cases, it often aligns with the PERM filing date, but the legal context and the “rules of reading” differ.
- Audit is a separate track with a separate queue. If a case moves into audit, the timeline and workstream change, so audit readiness is a timeline strategy, not an optional add-on.
- No premium processing for ETA-9089. Speed on the DOL side comes from a clean process and documentation discipline—not from a paid “premium” service.
Practical takeaway: with PERM taking 500+ days, you plan by deadlines and buffers, not by “typical stories.” That matters most when your nonimmigrant status has a time cap and any delay can push you into extension constraints or max-out risk.
PERM is a chain of steps. Delays can happen at each step, but in 2026 the calendar is most often shaped by a combination of: PWD wait time, recruitment timing rules, and the extended DOL adjudication of ETA-9089.
PWD (Prevailing Wage Determination)
PWD establishes the prevailing wage for the role and location. It is a foundational step because it underpins compliant recruitment and the accuracy of the PERM filing.
PERM recruitment rules
After PWD, the employer completes mandatory recruitment. Timing is bounded by a strict window: key recruitment steps must occur no more than 180 days and no fewer than 30 days before filing ETA-9089. Recruitment is not just “posting ads”—it is a documentable process with a structured record of applicants and lawful reasons for rejection.
ETA-9089 (PERM filing) and DOL adjudication
Filing ETA-9089 establishes the PERM filing date for the DOL queue context. Then the case enters DOL adjudication. With today’s Analyst Review duration, buffers matter: this is the “long pole,” and you cannot offset it later with a paid “premium” at DOL.
After PERM certification: I-140 → Visa Bulletin → AOS/consular
After PERM is certified, the employer files I-140 with USCIS. From there, pace depends not only on USCIS processing but also on visa availability by category and country (Visa Bulletin). For those in the U.S., there is an additional rule layer: USCIS publishes monthly which Visa Bulletin chart can be used for I-485 filing—“Dates for Filing” or “Final Action Dates”—and this can change month to month.
Core planning point: with a long PERM cycle, plan “backward from your status deadline,” not “forward from the start.” The closer you are to max-out, the more you need early PWD initiation, disciplined recruitment timing, and audit-ready documentation.
Max-out risk most commonly arises for people pursuing PERM while in H-1B status. With PERM taking 500+ days, a workable strategy depends on: documented filing dates (PERM/I-140) and selecting the correct post-sixth-year extension mechanism based on your situation.
Two post-sixth-year extension modes: what each one solves
- 1-year extensions (AC21 §106): used when PERM (ETA-9089) or I-140 has been pending long enough and 365+ days have passed since filing, subject to statutory conditions. This is the mode typically discussed when people are “running out of time before max-out.”
- 3-year extensions (AC21 §104(c)): used when I-140 is approved but an immigrant visa is not available under the Visa Bulletin. This mode applies to the scenario “stuck on the Visa Bulletin,” even after PERM and I-140 are complete.
How to build buffers in 2026
- Count backward from your status deadline. If the DOL PERM phase alone can take many months, add PWD wait time and the recruitment calendar. Many employers effectively plan on a multi-year horizon to avoid a situation where a single audit becomes the deciding factor.
- Separate PERM risk from Visa Bulletin risk. A fast I-140 does not guarantee AOS if the visa is not available. Planning requires two parallel maps: “complete DOL/USCIS steps” and “enter a visa-available filing window.”
- Document dates and role logic. Extensions and audits rely on proof: filing receipts, consistent location descriptions, and alignment of duties/requirements across PWD, recruitment, and ETA-9089.
For AOS, treat this as a hard rule: USCIS publishes each month which Visa Bulletin chart is allowed for I-485 filing. Relying on an older month’s chart selection can cause mistakes even when your PERM strategy is otherwise correct.
The tables below help translate the process into a calendar. The “official anchors” column identifies items you can validate directly in primary sources. Everything else is practical buffer logic for planning—not a promise of outcome.
Process table: where time is most commonly lost
| Stage | What fixes the date | Official anchors | What it means for planning |
|---|---|---|---|
| PWD | Receipt date in DOL systems | DOL publishes PWD queues (OEWS/non-OEWS) on processing times | Start early so you don’t lose months before recruitment |
| Recruitment | Posting dates, Job Order, Notice of Filing | Window: no earlier than 180 and no later than 30 days before ETA-9089 | Calendar discipline and evidence retention are mandatory |
| ETA-9089 | PERM filing date | DOL publishes average time and PERM processing queues | Longest phase: buffers and audit readiness matter most |
| PERM certification → I-140 | Certification date and validity window | PERM validity: 180 days to file I-140 | Prepare I-140 early so you don’t lose a certified PERM |
Planning chart to a PERM decision (2026 reference)
PWD + recruitment + DOL adjudication of ETA-9089 define the working horizon. Converting that horizon into months helps you see why “starting late” increases max-out risk when status time is limited.
Caption: This chart shows how the calendar builds toward a PERM decision. The point is not to predict an exact date, but to identify where buffers belong: early PWD start, disciplined recruitment timing, and audit-ready documentation.
Buffer table: linking process milestones to status planning
| Situation | Primary deadline | What to control | Practical move |
|---|---|---|---|
| H-1B nearing max-out | Statutory status limit date | PERM/I-140 filing dates and the applicable AC21 mode | Start PWD early and keep recruitment timing tight |
| PERM filed, pending at DOL | Next status extension date | DOL queue movement and audit risk | Maintain a complete audit-file and consistent documentation |
| PERM certified | PERM validity window: 180 days | I-140 packet readiness and employer internal approvals | Prepare I-140 in advance to avoid losing the certification |
| Stuck on Visa Bulletin | USCIS monthly I-485 chart selection | Visa availability and chart choice (DOF vs FAD) | Check DOS Visa Bulletin and USCIS “When to File” monthly |
In PERM, an audit is fundamentally a compliance review of whether the recruitment and filing meet regulatory requirements. In 2026, audit friction is often costly not because audit exists, but because documentation is incomplete or inconsistent across steps. The goal is not to “predict an audit,” but to be able to respond quickly and coherently if one occurs.
Scenarios that most often trigger deeper review
- Business necessity questions: unusual requirements or combinations of skills/experience that appear overly narrow.
- PWD ↔ recruitment ↔ ETA-9089 inconsistencies: duties, minimum requirements, worksite/location, or wage logic differ across documents.
- Remote/hybrid and worksite clarity: weak documentation of the “area of intended employment,” postings, and where work will actually occur.
- Thin recruitment evidence: missing ad copies, gaps in dates, or a weakly structured applicant disposition report.
- Timing-edge recruitment: the 30–180 day window is met on paper, but supporting proof is disorganized or contradictory.
What to assemble before filing ETA-9089 (baseline that saves weeks)
- One consistent job story: duties + minimum requirements + location are aligned across PWD, ads, and ETA-9089.
- Recruitment packet: ad copies/placements + timing proof + Notice of Filing + a final applicant disposition report.
- Consistent rejection rationale: concise and aligned with the stated minimum requirements (avoid “moving targets”).
- Location and work-mode support: documents showing that remote/hybrid arrangements do not contradict recruitment and filings.
Is 512 days a guaranteed PERM timeline for my case?
No. It is an official DOL average for Analyst Review (January 2026). Your case can be shorter or longer depending on the queue, documentation quality, and audit risk.
Why should I track the processing queue if I already have an “average time” number?
The queue shows which filing dates are actively being worked. It helps you align your filing date with “where DOL is” and plan status buffers more precisely.
Can I “premium process” ETA-9089 to speed up PERM?
No. DOL does not offer premium processing for PERM. In practice, speed comes from compliant recruitment timing, consistent filings, and audit-ready documentation.
How is a DOL “priority date” different from a Visa Bulletin priority date?
DOL uses the PERM filing date for its adjudication queue context. The Visa Bulletin uses priority dates for visa availability by category/country. Same term, different system and rules.
Why does the 180-day period after PERM certification matter?
Because a certified PERM has a limited validity window: the employer must file I-140 within 180 calendar days. Missing this window can effectively erase the benefit of the certification.
What are the two AC21 extension modes that people often confuse?
1-year extensions (when PERM/I-140 has been pending long enough) and 3-year extensions (when I-140 is approved but a visa is not available under the Visa Bulletin). They address different problems.
Why can the Visa Bulletin disrupt planning even after PERM and I-140?
Visa availability can change (including retrogression). USCIS also decides monthly which chart controls I-485 filing (DOF or FAD), and that decision can change month to month.
What is the most common “human error” that drags PERM timelines?
Inconsistency across steps (PWD ↔ recruitment ↔ ETA-9089) and a weak recruitment evidence file. Those issues become especially expensive if the case is audited.
Where should I check the freshest timelines and queues?
Use DOL’s Processing Times page for PERM/PWD averages and queues, and check DOS/USCIS monthly updates for Visa Bulletin and I-485 chart usage.
These are official sources you can use to verify: DOL timelines/queues, PERM regulatory rules (including recruitment timing), PERM certification validity (180 days), AC21-based H-1B extensions, and USCIS monthly rules for I-485 chart selection.
Use this to confirm: PERM average times, PERM queues (Analyst/Audit/Reconsideration), and PWD queues tied to PERM.
https://flag.dol.gov/processingtimes
The official PERM regulation: the compliance rules DOL audits against, including recruitment and filing requirements.
https://www.ecfr.gov/current/title-20/chapter-V/part-656
Form instructions for PERM: how DOL expects the filing to be completed and where consistency matters across steps.
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA-9089-Instructions.pdf
Official program overview and core PERM rules, useful as a baseline reference for employers/HR and applicants.
https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent
USCIS official H-1B overview page; useful for status terminology and agency-level references.
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
Practical USCIS guidance on H-1B extensions beyond 6 years, including scenarios tied to pending PERM/I-140 and visa unavailability.
https://www.uscis.gov/sites/default/files/document/memos/ac21_30may08.pdf
Statutory text used to cite H-1B rules and related extension provisions in “black letter law” form.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1184&edition=prelim
Monthly visa availability by category and country, including “Final Action Dates” and “Dates for Filing.”
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026.html
USCIS page that indicates, by month, which Visa Bulletin chart is used for I-485 filing (this can change month to month).
https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates
