Obtaining an employment-based green card in the United States is a complex journey that often begins with the Program Electronic Review Management (PERM) labor certification process. Overseen by the U.S. Department of Labor (DOL), this critical step ensures that the hiring of a foreign worker will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. For employers and foreign nationals seeking permanent residence under categories such as EB-2 (second preference) or EB-3 (third preference), understanding the PERM process, its timelines, and its role in the broader green card application is essential. As of April 1, 2025, with increasing processing times and evolving regulations, this article provides a comprehensive breakdown of the PERM labor certification process, its importance, and its impact on visa timelines.
What is the PERM labor certification process?
Established on March 28, 2005 by the DOL’s Employment and Training Administration (ETA), the PERM process replaced the older labor certification system to streamline employer sponsorship of foreign workers for permanent employment. It is a requirement for most EB-2 and EB-3 green card petitions and requires employers to demonstrate that there are no qualified, willing, and able U.S. workers available to perform the job and that the employment of a foreign worker will not adversely affect the U.S. labor market.
The process has several key steps:
- Prevailing Wage Determination (PWD): Employers file Form ETA-9141 with the DOL’s National Prevailing Wage Center (NPWC) to determine the minimum wage for the position based on job duties, requirements, and geographic location. As of January 2025, the DOL reports processing PWDs filed in June 2024, averaging approximately six months.
- Recruitment Phase: Employers must conduct a labor market test by advertising the job opportunity through required channels (e.g., newspapers, job boards) for at least 30 days, plus a 30-day quiet period to ensure that no U.S. workers apply and meet the minimum qualifications.
- Filing Form ETA-9089: Once recruitment is complete and no suitable U.S. candidates are found, employers submit the Application for Permanent Employment Certification (Form ETA-9089) through the DOL’s Foreign Labor Application Gateway (FLAG) system. Beginning January 1, 2025, the DOL will process PERM applications filed in September 2023 in an average of 462 days (approximately 15 months) for unexamined cases.
Once approved, the certified Form ETA-9089 is valid for 180 days, during which time the employer must file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).
The role of PERM in employment-based green cards
The PERM labor certification is the foundational step for most employment-based green card applications under the EB-2 and EB-3 categories:
- EB-2 (Advanced Degree or Extraordinary Ability): Requires a job requiring an advanced degree (or bachelor’s degree plus five years of progressive experience) or extraordinary ability. A PERM is usually required unless a National Interest Waiver (NIW) is granted, bypassing labor certification.
- EB-3 (Skilled Workers, Professionals, or Other Workers): Applies to jobs requiring at least two years of education (skilled workers), a bachelor’s degree (professionals), or less than two years of education (other workers). PERM is mandatory.
Once the DOL approves the PERM, the employer files the I-140 petition with USCIS to place the foreign worker in the appropriate visa category. The priority date-established when the PERM is filed-determines the worker’s place in line for a visa number, which is subject to annual quotas and country-specific backlogs outlined in the monthly Visa Bulletin.
Current Processing Times and Trends (April 2025)
PERM processing times have increased significantly in recent years due to increasing application volumes, DOL staffing constraints, and system updates such as the FLAG portal, which will be implemented in June 2023. Here’s a snapshot of the latest data as of April 1, 2025:
| Stage | Processing Time | Cases Processed (as of Jan 1, 2025) | Comments |
| Prevailing Wage (PWD) | ~6 months (180 days) | Submitted in June 2024 | Consistent between OES and non-OES wages |
| PERM (Analyst Review) | ~15 months (462 days) | Filed in September 2023 | Non-audited cases; 14 months in 2024 |
| PERM (audited cases) | ~16-17 months (496 days) | Submitted in December 2022 (Dec 2024 data) | Audits affect ~30% of filings |
| I-140 (regular processing) | 6-12 months | Varies by USCIS Service Center | EB-2/EB-3 Processing Times |
| I-140 (Premium Processing) | 15 calendar days | Available for an additional $2,805 fee | Expedites initial review |
Key Observations:
- PWD Delays: The six-month PWD timeline is in line with historical averages, but can be extended if errors occur in filing Form ETA-9141.
- PERM Delays: The jump from 14 to 15 months for analyst reviewed cases reflects a growing backlog, with no significant reduction expected soon.
- Audits: Approximately one in three PERM petitions is subject to an audit, adding 1-2 months to the timeline. Audits review recruitment efforts and compliance with DOL regulations.
- I-140 Variability: USCIS processing times vary depending on the service center (e.g., Texas vs. Nebraska) and whether premium processing is used.
For example, an EB-3 applicant filing PERM in April 2025 could expect approval around July 2026 (15 months), followed by filing the I-140 by January 2027 (assuming 180-day validity). If the priority date is not current, additional delays will occur based on Visa Bulletin trends.
Impact on Visa Timelines
The PERM process directly affects the overall green card timeline, which can range from 2-10 years depending on several factors:
- Priority Date and Visa Bulletin: For countries such as India and China, the EB-2 and EB-3 categories face severe backlogs. As of the March 2025 Visa Bulletin, EB-2 India’s cutoff date is January 15, 2013, which means a 12-year wait for new applicants. EB-3 India is slightly better at June 1, 2013.
- Concurrent Filing: If the priority date is current when the I-140 is filed, the applicant can file Form I-485 (Adjustment of Status) concurrently, potentially shaving months off the process. Otherwise, wait until the date becomes current.
- H-1B Extensions: For H-1B visa holders nearing their six-year limit, filing a PERM at least 365 days before expiration allows for one-year extensions until the green card is approved.
For example, an H-1B worker with an expiration date of June 1, 2026 must file their PERM by June 1, 2025. With the current 15-month processing, approval may not occur until September 2026, requiring an extension strategy.
Challenges and Recent Updates (2025)
Several challenges and updates shape the PERM landscape in 2025:
- FLAG System Transition: Beginning June 1, 2023, the FLAG system will digitize Form ETA-9089 filings and require electronic final approvals for I-140 filings. A January 14, 2025, Federal Register notice clarified that USCIS will accept printed, signed copies of these electronic approvals as originals.
- Audit Rates: DOL’s 30% audit rate persists, often triggered by discrepancies in job requirements, hiring documents, or random selection.
- Legislative Stagnation: No major reforms have reduced processing times or visa backlogs, despite advocacy from immigration groups.
Strategies for Navigating the PERM Process
Employers and applicants can mitigate delays by taking proactive steps:
- Early Filing: Start the PWD and recruitment process 18-24 months before critical deadlines (e.g., H-1B max-out).
- Accurate Documentation: Ensure that job descriptions, requirements, and recruitment documents comply with DOL standards to avoid audits or denials.
- Legal Expertise: Immigration attorneys can streamline filings and address audit responses, which must be submitted within 30 days.
- Monitor Visa Bulletin: Regularly check priority date movement to plan I-485 or consular processing.
Conclusion.
The PERM labor certification process is a critical but time-consuming gateway to an employment-based green card. As of April 1, 2025, with LWPs taking six months and PERM approvals averaging 15 months (plus potential audits), the journey requires patience and precision. Its integration with the I-140 petition and EB-2/EB-3 visa categories underscores its importance, while backlogs and processing delays highlight the need for strategic planning. Whether you’re an employer sponsoring talent or a foreign worker seeking permanent residence, understanding the mechanics and timelines of PERM is key to success in the U.S. immigration system.
Primary Sources
The following is a list of primary source pages used to create this article, checked for accessibility (no 404 errors) as of April 1, 2025:
- U.S. Department of Labor – Permanent Labor Certification
- URL: www.dol.gov/agencies/eta/foreign-labor/programs/permanent
- Description: Official DOL page detailing the PERM process, requirements, and filing instructions.
- FLAG.dol.gov – Processing Times
- URL: flag.dol.gov/processingtimes
- Description: Provides current PERM and PWD processing times, updated as of January 1, 2025.
- USCIS – Employment Based Immigration: EB-2 Second Preference
- URL:www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
- Description: Explains EB-2 eligibility, including PERM and NIW options, with I-140 filing details.
- USCIS – Employment Based Immigration: EB-3 Third Preference
- URL:www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- Description: Outlines EB-3 requirements and the role of the PERM labor certification.
- Federal Register – Notice of DHS Requirement of the Permanent Labor Certification Final Determination (January 14, 2025)
- URL:www.federalregister.gov/documents/2025/01/14/2025-00606/notice-of-dhss-requirement-of-the-permanent-labor-certification-final-determination-for-form-i-140
- Description: Announces updated I-140 filing procedures following implementation of the FLAG system.
- U.S. Department of State – Visa Bulletin (March 2025)
- URL: travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-march-2025.html
- Description: Provides current priority date cutoffs for the EB-2 and EB-3 categories.
