What Is the Average PERM Processing Timeline for Employment-Based Green Cards?

What Is the Average PERM Processing Timeline for Employment-Based Green Cards?

For many foreign nationals seeking permanent residence in the United States through employment, the PERM labor certification is the first—and often longest—step in the green card process. Understanding how long PERM takes, and what factors can affect the timeline, is critical for both employers and employees planning for long-term immigration status.

Below is a breakdown of the average PERM processing timeline and what to expect at each stage.

What Is PERM?

PERM (Program Electronic Review Management) is the labor certification process administered by the U.S. Department of Labor (DOL). It requires U.S. employers to prove that:

• There are no qualified, willing, and available U.S. workers for the position, and
• Hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.

A PERM approval is required for most EB-2 and EB-3 employment-based green card cases.

Overview of the Average PERM Timeline

From start to finish, the PERM process typically takes 10 to 18 months, and sometimes longer if complications arise. The timeline can be broken into four main phases.

Step 1: Prevailing Wage Determination (PWD)

Average Time: 6–8 months

Before recruitment can begin, the employer must request a Prevailing Wage Determination from the Department of Labor. This establishes the minimum salary the employer must offer for the position.

What can affect timing:

• Job complexity or uncommon requirements
• Multiple work locations
• DOL processing backlogs

This step is entirely dependent on the DOL and is often the longest single phase.

Step 2: Recruitment Period

Average Time: 2–3 months

Once the prevailing wage is issued, the employer must conduct mandatory recruitment efforts to test the U.S. labor market. This includes:

• Job advertisements
• Internal posting (Notice of Filing)
• A 30-day recruitment window
• A mandatory 30-day "quiet period" after recruitment ends

All recruitment must be conducted precisely according to DOL regulations.

Step 3: PERM Application Filing and Processing

Average Time:

• 6–8 months (no audit)
• 12–18+ months (with audit)

After recruitment is complete, the employer files ETA Form 9089 with the DOL.

If No Audit Is Issued

Most PERM cases are adjudicated within 6–8 months if the application is not audited.

If an Audit Is Issued

An audit significantly increases processing time. The employer must submit extensive documentation within 30 days, after which the DOL may take an additional year or more to issue a decision.

Audit triggers may include:

• Layoffs in similar roles
• Unusual job requirements
• Experience gained with the sponsoring employer
• Random selection

Step 4: Next Steps After PERM Approval

PERM approval is not a green card by itself. After approval:

• The employer files Form I-140 (Immigrant Petition)
• The employee waits for a priority date to become current
• The employee files Adjustment of Status (I-485) or completes consular processing

Backlogs—especially for EB-2 and EB-3 applicants from countries like India and China—can add several years beyond the PERM stage.

Typical Timeline Summary

Key Takeaways

• PERM is often the longest step in the employment-based green card process
• Government processing times and audits are unpredictable
• Early planning is essential, especially for employees with expiring nonimmigrant status
• Working with experienced immigration counsel can help avoid delays and compliance issues

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At Alaz Law, we guide employers and employees through every step of the PERM process, from prevailing wage requests to I-140 filing and beyond. If you're considering sponsoring a foreign worker or seeking employment-based permanent residence, contact us today to discuss your options.