For employers and foreign workers, the first question about a PERM green card case is usually the same: how long will it take? PERM processing times have grown in recent years. In 2026, the Department of Labor’s own figures show that the labor certification stage alone often takes well over a year. Knowing what drives each step helps you plan hiring, visa extensions and family decisions with fewer surprises.
At Guerra Sáenz, PL, our Fort Lauderdale immigration lawyer team guides businesses and professionals through every stage of employment-based immigration. This guide explains current PERM processing times, what happens at each step and how careful preparation keeps a case moving.
What Is PERM Labor Certification?
PERM stands for Program Electronic Review Management. It is the Department of Labor (DOL) system that most employers must use before they sponsor a foreign worker for a green card in the EB-2 or EB-3 category. Through PERM, the employer tests the U.S. labor market. It must show that no able, willing, qualified and available U.S. worker applied for the job. It must also show that hiring the foreign worker will not hurt the wages and working conditions of U.S. workers.
However, labor certification is only the first stage. After DOL certifies the application, the employer files an immigrant petition with U.S. Citizenship and Immigration Services (USCIS). Finally, the worker applies for permanent residence once a visa number becomes available. For a broader overview, see our guide to the PERM labor certification process.
Current PERM Processing Times (October 2026)
DOL’s Office of Foreign Labor Certification posts its official PERM processing times once a month on its FLAG processing times page. As of October 21, 2026, DOL analysts were reviewing PERM applications filed in January 2026. Applications that received a decision in August 2026 took an average of 303 calendar days, or about ten months.
The wage stage moves faster for now. As of September 30, 2026, DOL was working on PERM prevailing wage requests it received in June 2026. In other words, a typical request waited about three to four months.
Audited cases follow their own queue. In October 2026, DOL was reviewing audited applications filed in December 2025, and it did not publish an average for them. Because these figures change every month, our team checks them before we give any client a timeline.
PERM Processing Times by Step: A Typical PERM Timeline
So, how long does PERM take from start to finish? The table below shows the PERM process timeline at current DOL processing times. Individual cases can move faster or slower.
| Step | What happens | Typical time (late 2026) |
|---|---|---|
| 1. Prevailing wage | DOL sets the minimum wage for the job. | About 3 to 4 months |
| 2. Recruitment | The employer advertises the job and reviews U.S. applicants. | At least 2 months |
| 3. DOL review | A DOL analyst reviews Form ETA-9089. | About 10 months |
| 4. Form I-140 | USCIS reviews the immigrant petition. | 15 business days with premium processing |
| 5. Green card | The worker adjusts status or applies for an immigrant visa. | Depends on the Visa Bulletin |
Taken together, the labor certification stage now takes roughly 15 to 17 months for a case without an audit. The sections below explain each step and what can change the schedule.
Step 1: The Prevailing Wage Determination
Every PERM case begins with a prevailing wage request on Form ETA-9141. DOL looks at the job duties, the minimum requirements and the work location. Then it issues the lowest wage the employer may offer.
The details matter at this stage. If the job description calls for unusual skills, or if the requirements go beyond what is normal for the occupation, DOL may assign a higher wage level. Therefore, our team reviews the duties and requirements with the employer before we submit the request.
Step 2: Recruitment and the 30-Day Waiting Period
Next, the employer tests the labor market. For a professional position, DOL’s rules generally require:
- A job order with the state workforce agency for 30 days;
- Two print advertisements in a Sunday newspaper in the area of employment;
- A notice of filing posted at the worksite for 10 consecutive business days; and
- Three additional recruitment steps chosen from a list of ten, such as the employer’s website or a job search website.
Timing rules add to the calendar. The employer must complete most recruitment at least 30 days, but no more than 180 days, before it files. As a result, this stage usually takes at least two months. Throughout recruitment, the employer must consider every U.S. applicant in good faith. It must also keep records that explain why each applicant did not qualify.
Step 3: Filing Form ETA-9089 and DOL Review
Once recruitment ends and the waiting period passes, the employer files Form ETA-9089 through DOL’s online FLAG system. The filing date becomes the worker’s priority date. Later, that date controls when a green card becomes available.
A DOL analyst then reviews the application. At current PERM processing times, that review takes about ten months. DOL may certify the application, deny it or select it for an audit. A certification stays valid for 180 days, and the employer must file Form I-140 within that window.
Step 4: The I-140 Petition and the Green Card
With the certified labor certification in hand, the employer files Form I-140, Immigrant Petition for Alien Workers. USCIS offers premium processing for most EB-2 and EB-3 petitions. With it, USCIS aims to act within 15 business days, according to its premium processing page. Without it, the regular I-140 processing time varies and can last several months. Our article on premium processing explains the option in more detail.
The last stage depends on the priority date. Each month, the State Department publishes the Visa Bulletin. When the worker’s priority date is current, the worker can file Form I-485 to adjust status in the United States or apply for an immigrant visa abroad. The EB-3 visa processing time also depends on this wait. For some workers, it ends right away. For others, especially those born in countries with high demand, it can last years. The category matters too, so we explain both EB-2 visas and EB-3 visas on our practice pages.
What Can Delay PERM Processing Times?
Several common problems can add months to a case:
- An audit. DOL may audit any application. The employer then has 30 days to send its recruitment records, and the case moves to a separate review queue.
- Supervised recruitment. In some cases, DOL orders the employer to repeat recruitment under its direct supervision.
- Errors in the application. A typo or an inconsistent answer can lead to a denial. The employer may ask DOL to reconsider within 30 days or seek review by the Board of Alien Labor Certification Appeals. Otherwise, it must start over.
- Changes at the company. Layoffs in the same occupation and area during the six months before filing require extra steps. A merger or a change in the job itself can also affect the case.
- Expired documents. A prevailing wage determination has a validity period, and recruitment older than 180 days cannot support a filing.
Since most of these problems start with small details, a well-prepared file remains the best protection against delay. In addition, employers must keep their PERM records for five years after filing, so a complete file also protects the company later.
PERM Processing Times and the H-1B Six-Year Limit
Many PERM cases involve workers in H-1B status, which generally lasts up to six years. Long PERM processing times can push a worker close to that limit. Fortunately, a federal law known as AC21 offers two key options:
- One-year extensions beyond the sixth year, if the employer filed the PERM application or the I-140 at least 365 days earlier; and
- Three-year extensions once USCIS approves the I-140, if a visa is not yet available because of the per-country limits.
For this reason, timing matters. An employer that starts PERM in the worker’s fourth year, rather than the fifth, has far more room to work with.
Can You Speed Up PERM Processing Times?
DOL offers no premium processing for PERM itself, so every application waits its turn in the analyst queue. Still, employers can avoid many delays:
- Start early, especially when an H-1B worker is near the six-year limit;
- Write the job description and minimum requirements with care before the wage request;
- Plan recruitment so that it fits the 30-to-180-day filing window;
- Keep a complete audit file from the first day; and
- Request premium processing for the I-140 once DOL certifies the case.
Some professionals may not need PERM at all. Applicants who qualify for the EB-2 National Interest Waiver or the EB-1 extraordinary ability category can skip labor certification. Our team reviews those options during the first consultation.
How to Check Your PERM Case Status
The employer, or its attorney, follows the case in its FLAG account. DOL also posts the months it is working on each month. If an application was filed more than three months before the month DOL lists, DOL invites the employer to contact its PERM help desk at oflc.plc@dol.gov for an update.
Proposed Changes to the PERM Program
Employers should also watch for new rules. In October 2026, the White House Office of Management and Budget completed its review of a DOL proposal titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program.” Reports indicate that it would change how employers recruit U.S. workers. However, DOL had not published the text when we wrote this guide.
A proposed rule does not change the law. Until a final rule takes effect, every application follows the current regulations at 20 CFR Part 656. We will update this guide when the proposal becomes public.
Why Board Certification Matters in a PERM Case
PERM rewards precision. One inconsistent date, an overly specific job requirement or a missing recruitment record can cost an employer months. That is why proven experience matters.
Attorney Luis A. Guerra, the Managing Partner of Guerra Sáenz, PL, is a Florida Board Certified Specialist in Immigration & Nationality Law. He has held this certification since 2014.
The Florida Supreme Court created the board certification program in 1982 to help the public identify lawyers with proven skill in a specific field. To earn certification in immigration and nationality law, a lawyer must:
- Practice law for at least five years;
- Devote at least 40% of the practice to immigration and nationality law in the three years before applying;
- Complete at least 50 hours of approved continuing legal education in the field;
- Pass peer review by judges and other lawyers on competence, ethics and professionalism; and
- Pass a demanding written examination.
Certification also lasts no more than five years, so the lawyer must apply again to keep it. In addition, Florida’s rules allow only board certified lawyers to call themselves specialists or experts. For employers, that means a PERM case led by a lawyer whose knowledge has been tested and confirmed by peers. To learn more, read what it means to work with a Florida Board Certified Specialist.
How Guerra Sáenz, PL Helps Employers Manage PERM Processing Times
Guerra Sáenz, PL serves employers and foreign workers in Fort Lauderdale and throughout South Florida, in English and Spanish. Its employment-based immigration team handles PERM cases from the first wage request to the green card.
Mr. Guerra brings both legal skill and personal insight to that work. He came to the United States from Peru at 15 and went through the immigration system himself. Later, he graduated in the top 5% of his class at Nova Southeastern University’s Shepard Broad Law Center. He is also an active member of the American Immigration Lawyers Association.
Alexandra Morales, LL.M., the firm’s employment-based specialist, focuses on labor certifications, national interest waivers, L-1A transfers and EB-1A petitions. Before joining the firm, she gained experience in labor and employment matters at Deloitte & Touche. She holds an LL.M. in American Law from Florida International University and an MBA in human resources from Nova Southeastern University.
Together, the team:
- Reviews the job and the worker’s background before any filing;
- Prepares the prevailing wage request and the recruitment plan;
- Builds an audit-ready file from the start;
- Files Form ETA-9089 and the I-140 on time; and
- Plans for H-1B extensions and the final green card step.
Contact Guerra Sáenz, PL About Your PERM Case
PERM processing times are long, but a well-planned case avoids most delays. If your company wants to sponsor an employee, or if your employer has offered to sponsor you, speak with our team before the process begins.
Contact Guerra Sáenz, PL to schedule an in-person, video or telephone consultation. Call (954) 434-5800 or send us a message. Our office is at 3111 N. University Dr., Suite 429, Coral Springs, FL 33065, and we serve clients throughout Fort Lauderdale and South Florida.
This article provides general information about PERM processing times as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.