The latest update regarding audited PERM cases under review shows that DOL analysts are processing cases with priority dates of Augor earlier. DOL processing times, which are sporadically updated throughout the year, can be obtained by visiting the iCert WebSite, and then selecting the PERM & PW Processing Times tab. One should keep in mind, however, that the DOL was not processing PERM cases for about two weeks in October due to the government shutdown, meaning that the backlog of cases likely has increased. PERM Cases Taking Longer to Process, Encounter Unexpected DelaysĪs of the time of this writing, the most recent DOL information, published on September 3, 2013, advises that analysts are processing PERM cases filed on or before February 28, 2013. Failure to move forward with such a case in a timely manner could very well result in the H1B worker having to leave the country for an extended period. Most notably, the filing of a PERM case can directly impact an H1B worker’s ability to extend status beyond the standard six-year limit. It may be necessary for a foreign national worker to have such a case filed by a particular date in order to avoid certain problems related to the ability to maintain valid nonimmigrant status. The time it takes to prepare a PERM case for filing, in addition to the ever-shifting DOL processing time, must be taken into account when determining the time to initiate a PERM case. Processing Times Can Impact Ability to Maintain Status A more detailed discussion of the timeline for filing a PERM case can be found in the MurthyDotCom NewsBriefs, P ERM Labor Certification Process and Timing, Part 1 (18.March.2013) and Part 2 (26.March.2013). Variations occur both as a result of fluctuations in DOL processing times, as well as based on whether or not the case must undergo certain optional DOL steps, such as an audit. Once the PERM case is filed, there can be wide variances in the timeframe for obtaining a decision. There are a number of steps that have to be taken before a PERM case can be filed, and this prep-time must be taken into account for immigration planning purposes. Most employment-based permanent residence (“green card”) cases are initiated via the PERM process.
This processing timeframe is a critical consideration for employers and foreign national workers making long-term immigration plans. The recent trend, however, has been for the processing of these cases to drag on significantly longer than in years past, with an average processing time of six months or more.
Department of Labor (DOL) to process PERM labor certification applications. Historically, there has been considerable variation in the amount of time required for the U.S.
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