Being on an employment based green card is stressful enough without having no idea of what happens next. If you’re a foreign worker or an employer, it is crucial to comprehend the PERM processing time so you can make informed career decisions, visa renewals and longer-term staffing choices with confidence.
The reality is that PERM timelines are not always pre-determined. Many small paperwork mistakes can delay the application process for months, even if it’s a clean, well-documented application. When you understand why these delays are often experienced and what you can do about it, you’ll be in a much better position to manage expectations and save yourself from any needless setbacks.
What Is PERM?
The U.S. Department of Labor’s labor certification process is called PERM (Program Electronic Review Management). It is the first official requirement for the majority of employment based green card cases. To proceed a foreign worker must prove, and the employer will need to prove, in a structured hiring process, that there are no available or willing qualified U.S. workers.
The DOL goes through a vast number of applications yearly, meaning there are a number of key points that must be met. The built-in thoroughness is precisely this is why the process seldom moves fast.
What’s Driving Longer PERM Processing Time
The most common reasons for the delay between a job opening and an applicant being hired are three-fold.
Recruitment Process Gaps
The initial stage in any recruitment process is usually the area to experience problems. Employers must advertise the job, read resumes and screen applicants, and make sure to record each stage of the process. An application can be delayed if there is missing documentation, if the documentation is the wrong prevailing wage, or if a recruitment step is not completed by the book.
Workload and Backlogs (DOL)
The Department of Labor has a large volume of labor certification demands each month and this constant demand influences the rate at which any specific case proceeds. Another one of the major variables in overall PERM processing time is whether the application passes an audit or not, and reviews without an audit will move much quicker than those that pass review with an audit.
Audit and Review Delays
Each year, a significant number of PERM applications are pulled for audit, and DOL reviewers closely examine recruitment of the position and documentation of the recruitment to ensure it was conducted properly and accurately. Discrepancies lead the case to a more in-depth review, which is a process that can take several more months to complete before a decision is made.
How to Avoid Delays in Your PERM Application
Although no employer can affect DOL’s backlog (the queue), there are many factors that you can control that directly impact processing time for PERM.
Start Planning Early
In the event an employer starts the recruitment and documentation process as early as possible, it will have increased time to identify and correct issues before filing. It is always better to be ready early than late, otherwise there is not enough time to fix errors, and it may be much more time consuming than helpful.
Prioritize Accurate Documentation
Accuracy is more important than speed. One of the best ways to minimize the risk of an audit is to make sure to verify wage determinations, recruitment records and necessary forms before submitting. The rush to file and get a few weeks ahead can backfire if it ends up in an audit or a demand for information, and cause months of delay.
Get Professional Guidance
Immigration lawyers and consultants who handle labor certification cases are familiar with the frequent problems with applications. Their advice can assist employers in avoiding inaccurate submissions, understanding DOL guidelines, and remaining current with federal regulations throughout the process, all of which helps to minimize the overall processing time of PERM, as much as possible.
Final Word
This is likely to be the case for a while at least as processing times for the PERM continue to be lengthy and somewhat unpredictable, due to the volume that the Department of Labor processes annually. That doesn’t mean, however, that employers and applicants are helpless. With careful planning, proper documentation and expert guidance, the wait time is not all doomed and all the delays that can be avoided are avoided.
FAQs
1.What is the time duration of the PERM process?
All applications must go through a series of required steps including wage determination, recruitment, DOL review and finally, an audit.
2.How can I check the status of my PERM application?
Case status can be monitored either by the employer or the applicant using official systems of the Department of Labor.
3.How long does it currently take to get a PERM?
Most applicants who do not have an audit will receive their decision in about a year or longer, and audited cases take longer.
4.Can a PERM audit be avoided?
While no one can guarantee that they will not be audited, good, honest records of the recruitment process greatly reduce the chances of an audit.
5.Will PERM processing times get shorter?
While there are some improvements that will be made incrementally as DOL changes systems and staffing, don’t expect a significant decrease in processing time in the future.
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