PERM Application Processing Time for EB2 and EB3 Visas

The PERM (Program Electronic Review Management) application is a critical step for employers and foreign nationals seeking employment-based permanent residency in the United States under visa categories such as EB2 and EB3. Administered by the U.S. Department of Labor (DOL), the PERM process ensures that hiring a foreign worker will not negatively impact the wages, working conditions, or job availability for U.S. workers.

PERM Application Meaning and Importance

A PERM application is an employer's legal mechanism to certify that:

• There are no qualified U.S. workers available for the position.
• Employing a foreign worker will not adversely affect the labor market.
• The offered wage meets or exceeds the prevailing wage standards set by the DOL.

Example:
Imagine a New York-based tech company struggling to fill a specialized role for a Machine Learning Engineer. Despite posting job ads on prominent platforms and conducting interviews, they could not find a U.S. worker with the required skills and experience. Through the PERM process, the employer can legally justify hiring a foreign national for this position, ensuring compliance with labor laws while filling the critical gap in their team.

Why is the PERM Application Important?
The PERM application safeguards the interests of both the U.S. workforce and foreign nationals. It ensures fair hiring practices while enabling highly skilled individuals to contribute to the U.S. economy in roles that are difficult to fill domestically.

Understanding the PERM Labor Certification Process

The PERM labor certification is foundational for employment-based green cards under the EB2 and EB3 categories. It involves the following key steps:

1. Prevailing Wage Determination (PWD):
   Before hiring a foreign worker, employers must obtain a prevailing wage determination from the DOL. This ensures the wage offered aligns with industry standards for the job location and position.
   
   • Example: A hospital in California looking to hire a nurse through the EB3 category would request a prevailing wage determination to confirm that the salary offered meets the DOL's requirements.
2. Recruitment and Advertising Requirements:
   Employers are required to advertise the job and prove that no qualified U.S. worker is available. The recruitment process includes, but is not limited to:
   
   • Posting job ads in at least two Sunday newspapers.
   • Using online job boards, trade journals, or internal notices.
   • Conducting interviews and documenting reasons why U.S. applicants did not qualify.

Client Success Story:
A manufacturing company in Texas needed a Mechanical Engineer with specific technical expertise for an EB2 position. They advertised the role extensively and documented every step of the recruitment process. They successfully demonstrated that no U.S. workers were available and with the guidance of Kulen Law Firm, they filed the PERM application without issues.

3. Filing the ETA-9089 Application: Once the recruitment process is complete, and no qualified U.S. workers are found, the employer files Form ETA-9089 with the DOL. This formalizes the labor certification request.

Example: A tech startup in Florida worked with Kulen Law Firm to meticulously prepare and submit the ETA-9089 form for an EB2 Data Scientist role, ensuring all regulatory requirements were met to avoid delays.

Key Takeaways for Employers and Applicants

• The PERM process can take several months and requires meticulous documentation at every step.
• The PERM application has very detailed and stringent rules, and even minor errors may result in denial of the application. 
• Partnering with experienced immigration attorneys, such as Kulen Law Firm, can significantly streamline the process and improve success rates.
• Staying informed about current processing times and compliance requirements is essential to avoid unnecessary delays.

Why Choose Kulen Law Firm for Your PERM Application?

With decades of experience in immigration law, Kulen Law Firm has successfully guided employers through the complex PERM process. Our team has helped businesses across various industries meet their staffing needs while ensuring full compliance with DOL regulations.

Client Success Story: We recently helped a multinational company secure labor certification for five critical roles under the EB2 and EB3 categories, navigating audits and prevailing wage challenges seamlessly.

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The PERM application process involves a detailed and systematic approach to ensure compliance with U.S. Department of Labor (DOL) regulations. Employers must follow a structured process to demonstrate that no qualified U.S. worker is available for the job and that hiring a foreign worker will not harm the domestic labor market.

Step-by-Step PERM Application Process

1. Job Requirements and Prevailing Wage Determination (PWD):
   The employer must define the job requirements clearly and request a prevailing wage determination from the DOL. This step ensures that the wage offered to the foreign worker aligns with the industry standards and regional norms.
   
   • Example: For a software engineer role in Silicon Valley, the employer must request a PWD based on the job’s specific skills, location, and responsibilities.
2. Recruitment and Advertising Requirements:
   The PERM process requires employers to demonstrate that no qualified U.S. workers are available for a position. Key advertising requirements include: 

Job Order: Place a job order with the state workforce agency for 30 consecutive calendar days. 

Sunday Newspaper Ads: Publish two print ads on separate Sundays in a local newspaper. 

Internal Posting: Post the job internally for at least 10 consecutive business days. 

Additional Recruitment Steps: Employers must complete at least three of the following within 180 days before filing: 

Company website posting 

Job search website ads 

On-campus recruiting 

Local/ethnic newspapers 

Radio/TV ads 

Employee referral programs 

Campus placement offices 

Private employment firms 

Trade/professional organizations 

Job fairs 

Content Requirements: Ads must include the employer’s name, job description, job location, and application instructions. Employers must retain recruitment documentation for five years.

3. Client Success Story:
A financial services firm in New York worked with Kulen Law Firm to advertise a Senior Financial Analyst position across multiple channels. The thorough documentation of recruitment efforts ensured the DOL approved their PERM application without an audit.

4. Filing the ETA-9089 Application:
Once recruitment is completed and no qualified U.S. worker is found, the employer files Form ETA-9089 with the DOL. This form contains details about the job, recruitment efforts, and the foreign worker's qualifications.

Example: A construction company in Texas successfully filed an ETA-9089 form for an EB3 Civil Engineer role after completing the recruitment process.

Can We Track PERM Application Status?

Yes, the PERM application status can be tracked through the DOL’s FLAG system, where employers can log in to check the status in real time.You can use the DOL's Case Status Search tool at https://flag.dol.gov/case-status-search to check the status if you have your case number (starting with 'G')

Common Challenges in Tracking:

• Delays in Status Updates: The DOL may take time to update the status online.
• Delays in Review: DOL uses a "First In, First Out" (FIFO) processing system for PERM applications, meaning they process cases in the order they are received. However, processing times may vary depending on the circumstances of each filing.
• Audits and Requests for Information (RFIs): These can cause further delays and require additional documentation.

Pro Tip: Working with experienced immigration law firms like Kulen Law Firm ensures timely follow-ups and swift responses to any DOL inquiries.

Documentation Required for the PERM Application Process

Employers must maintain detailed records of:

• Prevailing wage determination requests and responses.
• Recruitment efforts, including job postings, applications, and interview notes.
• Reasons for rejecting U.S. applicants.
• ETA-9089 form and supporting documentation.

Key Takeaway:
Employers must adhere to strict documentation and timeline requirements to avoid delays or denials in the PERM application process. Partnering with immigration experts ensures compliance at every step.

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Processing times for PERM applications can vary based on several factors, including the U.S. Department of Labor's workload, the specific job requirements, and whether the application undergoes an audit. Understanding these timelines is critical for both employers and foreign workers navigating the employment-based green card process.

General PERM Processing Time Overview

The overall processing time for a PERM application typically involves the following stages:

1. Prevailing Wage Determination (PWD):
   
   • Timeline: 5 to 10 months (on average).
   • The employer submits a request to the DOL to determine the prevailing wage for the job. This step can take longer if additional clarification or corrections are required.
2. Recruitment Period:
   
   • Timeline: Minimum 60 days.
   • Employers must advertise the job for at least 30 days and observe a 30-day "quiet period" afterward to review applications and interview candidates.
3. Filing and Processing the ETA-9089 Application:
   
   • Timeline: 4 to 16 months (or longer if audited).
   • After completing recruitment, the employer files the PERM application (ETA-9089) with the DOL, which reviews the documentation to ensure compliance.

Example:
A New Jersey IT firm hiring an EB2 Software Developer filed their ETA-9089 in February 2023 and received certification in October 2023, reflecting an 8-month total processing period.

ETA-9089 PERM Application Processing Time Factors

Several factors influence the time it takes for the DOL to process a PERM application:

• DOL Workload: High application volumes can delay processing.
• Audits and Requests for Information (RFIs): These add time as the DOL reviews additional documentation.
• Accuracy of Documentation: Errors or omissions in the ETA-9089 form or recruitment records can lead to delays.

How Long Is the PERM Application Wait Time?

• Standard Processing: 6 to 12 months for most applications.
• Applications Under Audit:16-20 months or longer.
• Appeals (if denied): Can add 6 months or more, depending on the complexity of the case.

Client Success Story:
A Chicago-based healthcare company faced delays due to an audit for an EB3 Registered Nurse role. With the help of Kulen Law Firm, they successfully addressed the audit requirements and received certification within 15 months.

Tips to Avoid Delays in PERM Processing

1. Ensure Accurate Documentation:
   Double-check all details in the ETA-9089 form and recruitment records before submission.
2. Respond Quickly to DOL Inquiries:
   Promptly address RFEs or audits to avoid further delays.
3. Work with Experienced Attorneys:
   Legal experts like Kulen Law Firm can guide you through the process, reducing the risk of errors or denials.

Tracking PERM Application Status

Employers can monitor the status of their PERM applications through the DOL's FLAG system for electronically filed applications. Regular follow-ups are recommended to ensure timely updates.Applicants can use the DOL's Case Status Search tool at https://flag.dol.gov/case-status-search to check the status if you have your case number (starting with 'G')

The EB2 (Employment-Based Second Preference) visa category is designed for professionals with advanced degrees or exceptional abilities in their field. A crucial step in the EB2 green card process is obtaining a PERM labor certification, which verifies that hiring a foreign worker will not negatively impact U.S. workers. Understanding the processing time for the EB2 PERM application can help employers and applicants plan effectively.

Current EB2 PERM Processing Time

The processing time for an EB2 PERM application typically includes the following stages:

1. Prevailing Wage Determination (PWD):
   
   • Timeline: 5 to 10 months.
   • The employer requests a prevailing wage determination from the Department of Labor (DOL). This step sets the minimum salary the employer must offer based on the job’s location and requirements.
2. Recruitment Period:
   
   • Timeline: 2 months minimum.
   • Employers must advertise the job for at least 30 days, followed by a 30-day “quiet period” to review applications and conduct interviews.
3. Filing and Processing of ETA-9089:
   
   • Timeline: 4 to 7 months (longer if audited).
   • After recruitment, the employer files Form ETA-9089 with the DOL. This stage involves reviewing the application and determining if the labor certification can be approved.

Typical Total Time for EB2 PERM:

• Without Audit: 9 to 15 months.

With Audit: 12 to 18 months or more.

Factors Influencing EB2 PERM Processing Time

1. DOL Workload:
   High application volumes or seasonal surges can extend processing times.
2. Complex Job Requirements:
   Jobs requiring unique skills or advanced qualifications may take longer to process if additional documentation or clarification is needed.

Audit or RFI Delays:
If the DOL selects an application for an audit or requests further evidence, the processing time may increase significantly.

Example:
An engineering firm in California filed an EB2 PERM application for a Senior Civil Engineer. The process took 14 months due to a high volume of applications at the DOL, despite no audit being required.

How to Expedite Your EB2 PERM Application

1. Prepare Thorough Documentation:
   Submit a complete and error-free ETA-9089 form, ensuring all job requirements and recruitment records meet DOL standards.
2. Work with Experienced Attorneys:
   Partnering with skilled immigration lawyers like Kulen Law Firm can help you navigate the process efficiently and avoid common pitfalls.
3. Respond Promptly to Audits or RFIs:
   Timely responses to the DOL’s requests can prevent unnecessary delays.

Pro Tip:
Kulen Law Firm can assist with preemptive audits of your recruitment documentation, ensuring compliance before submission.

Client Success Story: Streamlining an EB2 PERM Application

A New York-based healthcare organization sought to hire an experienced Biostatistician under the EB2 employment-based immigration category, which requires advanced education and specialized work experience. The employer faced challenges in documenting the specific job requirements and navigating the rigorous recruitment process mandated by the Department of Labor (DOL). Kulen Law Firm provided expert guidance, ensuring the recruitment process was meticulously carried out without errors. In this case, the candidate’s advanced education and extensive work experience in the field aligned perfectly with the EB2 category's requirements. This allowed the PERM application to be filed under EB2, demonstrating that the position required both the advanced degree and specialized skills. Thanks to Kulen Law Firm's careful handling of the case, the PERM application was filed accurately, and certification was obtained within 12 months—significantly faster than the industry average, which typically ranges from 12 to 18 months.

What Happens After the EB2 PERM Approval?

Once the DOL certifies the PERM application:

1. The employer files Form I-140 (Immigrant Petition for Alien Workers) with U.S. Citizenship and Immigration Services (USCIS).
2. If a visa is available, the applicant may proceed to file for Adjustment of Status (Form I-485) or apply for an immigrant visa at a U.S. consulate abroad. If the applicant is abroad the applicant should pursue the green card application through consular processing.

The EB3 (Employment-Based Third Preference) visa category is designed for skilled workers, professionals, and other workers who meet specific qualifications. A critical part of obtaining an EB3 green card is the PERM labor certification, which ensures that hiring a foreign worker does not adversely affect U.S. workers. Understanding the timeline and requirements for EB3 PERM processing can help employers and applicants avoid delays.

Current EB3 PERM Processing Time

The processing timeline for an EB3 PERM application involves several key stages:

1. Prevailing Wage Determination (PWD):
   
   • Timeline: 5 to 10 months.
   • The employer must request a prevailing wage determination from the Department of Labor (DOL) to set the minimum salary based on the job location and description.
2. Recruitment Period:
   
   • Timeline: At least 2 months.
   • Employers are required to advertise the job, review applications, and document the recruitment process. This includes a 30-day job posting period followed by a 30-day quiet period.
3. Filing and Processing of ETA-9089:
   
   • Timeline: 4 to 7 months.
   • After completing the recruitment phase, the employer submits Form ETA-9089 to the DOL for review and approval.

Typical Total Time for EB3 PERM:

• Without Audit: 9 to 15 months.
• With Audit: 12 to 18 months or longer.

Key Differences Between EB2 and EB3 PERM Processing Times

• Job Qualifications:
  EB3 positions typically involve less stringent job qualifications compared to EB2, but they may still require similar timelines for wage determination and recruitment.
• Applicant Pool:
  EB3 often attracts a larger pool of applicants, which can lead to more complex recruitment documentation and longer review times.
• Visa Number Availability:

The visa numbers are usually more readily available in the EB2 category, compared to the EB3 category. Therefore, there is less wait time for an available visa in the EB2 category. EB2 applicants usually get their green cards faster than the EB3 applicants. 

Example:
A hospitality company in Texas applied for an EB3 PERM certification for a Hotel Manager position. Despite completing the recruitment process efficiently, the PERM application took 13 months due to high DOL workloads and the applicant had to wait for an additional 14 months for his EB3 priority date to become current. 

Key Differences Between EB2 and EB3 PERM Processing Times

When applying for a green card through the EB2 or EB3 employment-based visa categories, understanding the differences in PERM processing times and related factors is essential. These distinctions influence the overall timeline for obtaining a green card and can guide employers and applicants in selecting the most suitable category.

1. Job Qualifications

• EB2 Category:
  Requires applicants to possess an advanced degree (master’s or higher or Bachelor Degree and minimum 5 years experience) in their field. This category has more stringent requirements, which typically limit the pool of eligible applicants.
• EB3 Category:
  Open to a broader range of applicants, including skilled workers, professionals with a bachelor’s degree, and unskilled workers. The less restrictive qualifications can result in a larger applicant pool.

Impact on PERM Processing Time:
While both categories follow similar timelines for prevailing wage determination and recruitment efforts, EB3 applications may involve more extensive recruitment documentation due to the higher number of applicants.

2. Applicant Pool

• EB2 Category:
  The more specialized nature of EB2 jobs often means fewer applicants, which can simplify recruitment efforts and reduce the time needed to document why U.S. workers were not hired.

EB3 Category:
The broader eligibility criteria attract a larger pool of applicants, leading to a more complex recruitment process. Employers may need to review and reject numerous applications, which can extend the overall timeline.

3. Visa Number Availability

One of the most significant differences between EB2 and EB3 is the availability of visa numbers, which determines how long an applicant must wait after the PERM and I-140 approvals to apply for a green card.

• EB2 Visa Numbers:
  Typically, visa numbers for EB2 are more readily available because the demand is lower compared to EB3. As a result, EB2 applicants often experience shorter wait times for their priority dates to become current.
• EB3 Visa Numbers:
  Due to higher demand, EB3 visa numbers can take significantly longer to become available, especially for applicants from countries with high application volumes like India and China.

Priority Date Comparison:
A priority date is the date the U.S. Department of Labor receives the PERM application or when USCIS receives the I-140 petition, whichever is earlier. The U.S. Department of State’s monthly Visa Bulletin provides updates on which priority dates are current.

• EB2 priority dates often advance faster due to lower demand.
• EB3 priority dates tend to progress more slowly, creating longer wait times.

4. Example Scenario

A hospitality company in Texas applied for an EB3 PERM certification for a Hotel Manager position. Despite completing the recruitment process efficiently, the PERM application took 13 months due to high workloads at the Department of Labor. Once approved, the applicant faced an additional 14-month wait for their EB3 priority date to become current, delaying the green card process by over two years.

In contrast, if this position had been eligible for EB2, the shorter visa number waiting time might have reduced the overall timeline significantly.

Conclusion: Choosing Between EB2 and EB3

The decision between EB2 and EB3 should be based on employer requirements for the offered position; 

• EB2 often offers faster overall processing times but requires advanced degrees or exceptional ability.
• EB3 is more inclusive but may involve longer waits due to higher demand.

How Kulen Law Firm Can Help

Navigating the complexities of PERM processing for EB2 and EB3 categories can be overwhelming. At Kulen Law Firm, we specialize in employment-based immigration, providing tailored guidance to help you choose the right pathway. Whether you’re an employer or an applicant, our experienced attorneys ensure your application is accurate, timely, and has the best chance of success.

Factors Influencing EB3 PERM Processing Time

1. DOL Processing Delays:
   High volumes of applications or priority cases may cause longer wait times.
2. Recruitment Challenges:
   Employers must meticulously document why U.S. applicants were not selected, which can lead to delays if done incorrectly.
3. Audits or RFIs:
   Applications flagged for audits or additional information can experience delays of 6 months or more.

Client Success Story:
A Florida-based restaurant chain sought to hire an Executive Chef under the EB3 category. After facing challenges in documenting U.S. worker rejections, they partnered with Kulen Law Firm, which helped streamline the process. The PERM application was approved in 14 months despite an audit.

How to Avoid Delays in EB3 PERM Processing

1. Ensure Recruitment Compliance:
   Employers should strictly follow the DOL’s guidelines for advertising and documenting the recruitment process.
2. Review the ETA-9089 Form Carefully:
   Errors or incomplete information can trigger delays, audits or denials.
3. Seek Professional Guidance:
   Immigration attorneys like Kulen Law Firm specialize in handling complex EB3 cases and can help expedite the process.

What Happens After EB3 PERM Approval?

Once the DOL certifies the PERM application:

1. The employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS.
2. If a visa number is available, the applicant can either file for Adjustment of Status (Form I-485) if they are in the U.S. or apply for an immigrant visa at a U.S. consulate abroad.

How Kulen Law Firm Can Help

Navigating the EB3 PERM process can be challenging due to the rigorous requirements and potential delays. Kulen Law Firm has extensive experience in assisting employers and applicants with:

• Preparing and filing accurate PERM applications.
• Managing audits, RFIs (Request for Information issued by DOL) or RFEs (Request for Evidence issued by USCIS) efficiently.
• Ensuring compliance with all DOL, USCIS and DOS regulations.

Proven Success:
We recently assisted a U.S. logistics company in securing EB3 PERM certification for multiple roles, ensuring the process was completed smoothly despite initial recruitment challenges.

1. No Filing Fee for PERM Applications

The U.S. Department of Labor (DOL) does not charge a filing fee for submitting a PERM labor certification (Form ETA-9089). This makes the PERM stage unique compared to other immigration forms, which often have associated government fees.

2.Advertisement Fees

While there are no government fees associated with filing a PERM application, the process requires mandatory recruitment efforts that result in expenses for employers. These efforts involve advertising the job through specific channels to comply with Department of Labor regulations, and costs vary based on the job’s location and industry.

• Newspaper Ads: Employers are required to place ads in two Sunday editions of a widely circulated newspaper. The cost of these ads depends on the publication and can range significantly.
• Online Job Portals: Posting job listings on platforms such as Monster, Indeed, or local job boards is another common method, which comes with its own costs.
• Other Recruitment Methods: Depending on the industry, employers might need to use additional recruitment avenues such as trade journals, professional associations, or job fairs, which could further contribute to recruitment expenses.

3. Attorney Fees

Working with an experienced immigration attorney is crucial for a successful PERM application. Attorney fees typically include:

• Preparation and Filing: Assistance with drafting and submitting the ETA-9089 form, ensuring compliance with DOL regulations.
• Recruitment Guidance: Reviewing and documenting recruitment efforts to meet DOL requirements.
• Audit Support: If an audit or request for evidence (RFE) arises, attorneys provide representation and support.

Attorney Fee: We offer fixed and transparent attorney fees, ensuring you have a clear understanding of the costs involved as you begin your immigration journey. Our fees are based on the complexity of your case, and after thoroughly evaluating your situation, we will provide a customized quote.

4. Additional Costs to Consider

While the PERM process itself has no filing fee, other steps in the EB2 or EB3 green card process involve costs:

• I-140 Immigrant Petition Filing Fee: $700.
• Adjustment of Status (I-485): $1,140 (plus an $85 biometric fee for applicants aged 14 to 79).
• Consular Processing Fees: If applying from outside the U.S., consular fees may apply.

Key Takeaway

While the PERM process has no direct filing fee, employers should plan for recruitment expenses and attorney fees to ensure compliance with regulations and avoid delays. Partnering with an experienced immigration law firm can streamline the process and help minimize unexpected costs.

Why Choose Kulen Law Firm?

At Kulen Law Firm, we provide transparent guidance on the costs associated with the PERM process and beyond. Our team ensures that every dollar spent contributes to a smooth and successful application. We help you:

• Navigate the recruitment process efficiently to reduce advertisement expenses.
• Avoid costly delays by preparing accurate and compliant applications.
• Manage any audits or RFEs seamlessly to keep your case on track.