PERM Processing Times (as of 1/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2021 |
| Audit Review | April 2021 |
| Reconsideration Request to the CO | August 2021 |
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2021 |
| Audit Review | April 2021 |
| Reconsideration Request to the CO | August 2021 |
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
Topics:
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
|
Analyst Review |
December |
2014 |
|
Audit Review |
March |
2014 |
|
Reconsideration Requests to the CO | ||
Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.
On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred which impacted a small number of applications and resulted in the prohibition of certain information being entered onto the ETA Form 9089. The Department is working to correct this issue.
Until the revisions become operational, an employer who cannot complete and file an ETA Form 9089 online should mail in their application to the Atlanta National Processing Center at the following address:
|
Priority Dates |
|
|
|
Month |
Year |
|
|
Analyst Review |
February |
2015 |
|
Audit Review |
June |
2014 |
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
| Processing Queue
Analyst Review |
Priority Dates
May |
Month
2016 |
| Year
Audit Review | ||
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
Analyst Review |
June |
2016 |
Audit Review |
January |
2016 |
Reconsideration Requests to the CO |
July |
2016 |
PERM Processing Times (as of 10/1/2016)
The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round 13 FAQ is posted on the PERM Program Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm.
| 1. |
Legal Fees (for our Office)$6,800 |
PERM Processing Times (as of 10/05/2015)
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
|
Analyst Review |
March |
2015 |
BALCA Appeal Times as of January 08, 2016
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are a few months backlogged right now - after BALCA receives the case from DOL, it takes about 5-6 months for them to issue the Docketing Notice
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
PERM Processing Times (as of 12/07/2015)
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
|
Analyst Review |
June |
2015 |
|
Audit Review |
October |
2014 |
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
Analyst Review |
August |
2016 |
Audit Review |
April |
2016 |
Reconsideration Requests to the CO |
October |
2016 |
PERM Processing Times (as of 1/12/2017)
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
|
Analyst Review |
November |
2014 |
|
Audit Review |
December | |
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;