DOL PERM & Prevailing Wage Processing Updates

File Form 9141, Application for PWD, with the DOL. After filing, applicants should get a certified PWD in approximately 6-8 months.

The employer is certifying the green card position in this first step, including:

• Job title
• Duties
• Location, and
• The minimum requirements for hiring into the role.*

The minimum job requirements impact the green card category for which the sponsorship will be eligible. 

EB-2 positions require at least a bachelor’s degree, five years of work experience or a master’s degree.

EB-3 positions have fewer education and work experience requirements. 

The employer completes the recruitment process, which usually takes three months. The process must last at least 60 days and cannot exceed 180 days.   

After completing recruitment, the next step is filing Form 9089, Application for Permanent Employment Certification (“PERM”). The date that the Form 9089 is filed will become the worker’s priority date (see Step 4). It takes about 12 months to receive a certified Form 9089 from the DOL. However, the DOL may issue an audit, which is a normal part of the PERM process and increases the processing time. About 25% of all PERM cases are audited.   

The certified PERM is received. The next step is filing Form I-140, Immigrant Petition for Alien Worker. Form I-140 processing time is generally 6-9 months.

USCIS will approve the form and certify the priority date.

The priority date marks the employee’s place in line to file Form I-485 for a green card.

The wait time to the last step and I-485 filing depends on the employment category (EB-2 or EB-3) and country of birth.   

The last step is filing Form I-485, Application to Register Permanent Residence. Applicants may file when their priority date is current. Form I-485 processing time averages about 1.5 years.  

Employers should start the PERM application process at least two years before the employee’s maximum work visa stay. However, it’s a good idea to start the process earlier, as processing times can increase, and unforeseen problems can arise, which can delay or otherwise stall the process.  

Premium processing is not available for PERM applications, but it is available for Form I-140 Petitions. Expediting the Form I-140 Petition approval through premium processing may be very helpful for employees nearing their 6-year H-1B work visa maximum stay.    

Yes, you can apply for a seventh-year H-1B extension, provided your approved or pending PERM application was filed more than 365 days ago, including audit time.   

The DOL audits approximately 25% of PERM cases per fiscal year.  

An audit is the DOL’s comprehensive review to verify that an employer is complying with the PERM program’s requirements and most often, the audit is issued randomly. However, some PERM criteria can trigger an audit and the DOL may also audit cases to check for fraud.  

A DOL audit may be issued randomly or triggered by certain PERM criteria or an employer’s actions. Regardless of why the audit is initiated, the DOL will want additional information and documentation from the employer, which may include proof of all recruitment methods, documentation of all job applicants and their lawful bases for disqualification, and an explanation of the business necessity for the PERM role’s minimum requirements.  

In the event of an audit, the DOL will require employers to provide the information within a certain timeframe. An audit will increase PERM processing time, and failure to respond properly will result in denial and the possibility of DOL-supervised recruitment in subsequent PERM filings.   

PERM audits can be stressful for both employers and their employees. PERM denials can impact the employee’s continued work authorization and the employer’s ability to file further PERM applications. That’s why ensuring you’re ready for an audit is imperative.

For an estimate of your PERM processing time, check the DOL’s website.   

Envoy Global is here to assist with PERM audit preparation. Contact us to find out how we’ll help you navigate the audit process.

PERM and PWD applications are both required for a PERM employment-based green card. Employers require PERM certifications to sponsor PERM-based green card applications. The process involves several steps, including:

1. Obtaining a PWD
2. Recruiting for the position (demonstrating that no qualified U.S. workers are available for the position), and
3. Filing an application for PERM with the DOL.   

The PWD application is step one of the PERM process. The PWD determines the minimum wage or salary that the employer must pay the employee when they receive their green card. The DOL considers factors such as job duties, job requirements, and the geographic location of the job to determine the minimum wage that the employer must pay.  

“OEWS” is “Occupational Employment and Wage Statistics.” OEWS is a DOL program that provides a wage source for PWDs. Most PWD applications use OEWS as their wage source, but some use non-OEWS wage sources instead, such as collective bargaining agreements (CBA) and private wage surveys.  

The DOL reports processing time for OEWS-based PWD applications and non-OEWS-based PWD applications separately based on the filing date (“receipt date”). 

No. Employers may file a Form ETA 9089 for a PERM‑based role only after DOL issues the PWD and the employer completes recruitment. 

The PERM and PWD application processes are distinct and complex. The PWD is step one and, importantly, sets the foundation for success in subsequent steps.

Once the PWD and recruitment (step two) are complete, the PERM application is a summary of the employee’s qualifications and an approved permanent labor certification means the petitioner made a good faith effort to test the labor market and demonstrated to the DOL that there were no qualified, able, and available U.S. workers for the position.   

Each step of the green card process must be completed correctly, and due to long processing times, a mistake at any step may not be learned for quite some time. As such, employers navigating the PERM process should partner with a trusted immigration services provider with PERM expertise. 

Envoy Global is here to assist with the PERM process. In addition to checking the DOL’s website for current processing times, we encourage you to contact Envoy Global for personalized assistance with navigating the green card process and correctly preparing your employees’ PERM and PWD applications.