Guide

Processing Times for PERM in 2026

Published on
July 1, 2026
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PERM Processing Times in 2026 | WayLit
✓ Updated July 2026 — data from flag.dol.gov

If your employer is sponsoring you for a green card, PERM is the first step and usually the longest. This is the latest update on processing times as of July 2026, with current data from the Department of Labor and the July 2026 Visa Bulletin.

What is PERM?

PERM stands for Program Electronic Review Management. For most employer-sponsored EB-2 and EB-3 green cards, it is the first required step. Some categories — including EB-1, EB-2 National Interest Waivers, and Schedule A occupations — do not require PERM. Before your employer can file an immigrant visa petition on your behalf, the Department of Labor requires them to demonstrate that no qualified U.S. worker was available for the role.

The PERM process has three distinct stages. Your employer handles all of them with the help of immigration counsel. Your job is mostly to wait, stay informed, and make sure nothing changes in your employment situation without being reviewed by your attorney first.

  • 1
    Prevailing Wage Determination (PWD). Your employer files a request with the DOL to determine the minimum salary required for your position, based on your job title, location, and experience level. Most employers wait until the PWD is issued before beginning recruitment, because the wage and job terms used in the ads must align with the approved determination.
  • 2
    Recruitment. Your employer runs a required set of job advertisements to show that no willing and qualified U.S. worker applied for the role. This stage is strictly regulated and cannot be shortened.
  • 3
    ETA Form 9089. If no qualified U.S. applicant was found, your employer files the PERM application itself. The date this form is filed becomes your priority date, which determines your place in the green card line.

How long does it take?

The end-to-end timeline for a standard PERM case without an audit is currently averaging 18 to 22 months, based on July 2026 DOL data. This is an improvement from the 22 to 26 months reported earlier in 2026, driven by faster ETA Form 9089 processing by DOL analysts.

Here is how that timeline breaks down across the three stages:

Stage Current Processing Time
Step 1: Prevailing Wage Determination Approx. 3 months
Step 2: Recruitment (minimum, strictly regulated) Minimum 60 days, often 2 to 3 months
Step 3: ETA Form 9089 (Analyst Review) 403 days avg (~13.5 months)
Step 3: ETA Form 9089 (if audited) 290 days avg — separate audit review queue

Source: flag.dol.gov/processingtimes — Average days as of June 2026

ℹ️
Why the timeline varies The DOL processes cases in the order they are received. If your case is selected for an audit, it enters a separate review queue currently averaging 290 days once under audit review. Additional review categories, such as Center Director Reviews, can substantially extend the timeline further.

Step 1: Prevailing Wage Determination

Before recruiting can begin, your employer must get a prevailing wage determination from the DOL. The DOL uses this to set the minimum salary for your position based on your job title, worksite location, and the experience level the role requires.

PWD Type Date Currently Being Processed Est. Processing Time
Standard (OEWS Data) March 2026 requests Approx. 3 months
Private Survey (Non-OEWS) March 2026 requests Approx. 3 months
Center Director Reviews February 2026 requests Longer — case by case

Source: flag.dol.gov/processingtimes — as of June 8, 2026

⚠️
Center Director Review can substantially extend the PWD timeline Some PWD cases require additional review beyond the standard determination. The DOL is currently processing Center Director Reviews for PERM cases filed in February 2026, and these reviews are handled case by case with no fixed average. If your position is highly specialized or uses a non-standard wage source, ask your attorney whether additional review is likely.

Step 2: Recruitment

Once the PWD is approved, your employer must run a defined set of job advertisements to document that no qualified U.S. worker is available for the position. This stage is fixed by regulation and cannot be shortened, regardless of how quickly your case moves.

Mandatory recruitment activities include:

  • An advertisement with the state workforce agency, running for 30 days
  • A major regional newspaper advertisement on two different Sundays
  • A job posting at the worksite for ten consecutive business days
  • Three additional recruitment activities from a prescribed list (for professional occupations) — such as job fairs, LinkedIn, on-campus recruiting, or professional association postings
📋
The quiet period During recruitment, you typically cannot be involved in reviewing or evaluating applicants for your own position. Your employer is also limited in what it can tell you about who applied. This is sometimes called the quiet period. The minimum duration for the full recruitment cycle, including the 30-day waiting period before filing, is 60 days. In practice, the full process often takes 2 to 3 months depending on how the required steps are sequenced.

Step 3: ETA Form 9089

If no qualified U.S. worker was found during recruitment, your employer files ETA Form 9089 online through the DOL's FLAG system. The date this form is filed is your priority date, which is the most important date in your green card process.

Current processing status

Processing Queue Cases Currently Being Reviewed Average Days
Analyst Review (standard) Cases filed in June 2025 403 days (~13.5 months)
Audit Review Cases filed in December 2025 290 days (~9.7 months)
Reconsideration Request to CO Cases filed in February 2026 Varies

Source: flag.dol.gov/processingtimes — as of June 30, 2026

Possible outcomes

  • Approval. Your case is certified and your employer can move forward with the I-140 petition.
  • Denial. The DOL denies the application. Your attorney can request reconsideration or appeal, which extends the timeline further.
  • Audit. The DOL selects your case for additional review and sends an audit letter requesting documentation. Audited cases enter a separate review queue. The DOL is currently reviewing audit cases filed in December 2025, with audit review averaging 290 days once in that queue.

Pending applications by month

The table below shows the number of PERM prevailing wage applications still pending as of June 8, 2026, broken down by the month they were filed. The sharp drop-off between February and January 2026 reflects the DOL catching up on older cases.

PWD Filed (Receipt Month) Applications Still Pending
November 2025 4
December 2025 32
January 2026 163
February 2026 273
March 2026 7,739
April 2026 16,070
May 2026 18,524

Source: flag.dol.gov/processingtimes — as of June 8, 2026

If your prevailing wage request was filed in March 2026 or later, you are in the larger backlog and should expect the full 3-month processing window before moving to recruitment.

Visa Bulletin — July 2026

Once your PERM is approved, your employer files the I-140 immigrant petition. But to file the final step (the I-485 adjustment of status, or an immigrant visa application from abroad), your priority date must be current in the State Department's monthly Visa Bulletin.

Your priority date is the date your ETA Form 9089 was filed. Your country of birth, not your citizenship, determines which row of the chart applies to you.

Final Action Dates — July 2026

The Final Action Date is the cutoff for when you can actually complete the green card process. Your priority date must be earlier than the date listed for your category and country of birth.

Category Rest of World India China
EB-1 (Priority Workers) Current October 15, 2022 Retrogressed June 1, 2023
EB-2 (Advanced Degree) Current Unavailable No visas September 1, 2021
EB-3 (Skilled Workers) August 1, 2024 January 1, 2014 December 22, 2021

Source: U.S. Department of State — July 2026 Visa Bulletin

⚠️
India EB-2 numbers are unavailable for July 2026 Due to high demand, the State Department has made India EB-2 numbers unavailable this month. This means no India-born employees in the EB-2 category can complete the green card process during July regardless of their priority date. India EB-1 has also retrogressed to October 15, 2022. These numbers shift monthly. If this affects you, your immigration attorney should be monitoring the Visa Bulletin closely.

Dates for Filing — July 2026

The Dates for Filing chart shows an earlier cutoff date that USCIS may allow you to use to file the I-485 (adjustment of status) before your Final Action Date is current. USCIS announces each month whether this chart can be used. Check uscis.gov/visabulletininfo to confirm which chart applies for the current month.

Category Rest of World India China
EB-2 (Advanced Degree) Current January 15, 2015 January 1, 2022
EB-3 (Skilled Workers) Current January 15, 2015 January 1, 2022

Source: U.S. Department of State — July 2026 Visa Bulletin

How to check your status

  • 1
    Check current PERM processing times. The DOL updates the FLAG processing times page at the end of the first work week of each month. You can check which receipt months are currently being processed at flag.dol.gov/processingtimes.
  • 2
    Check your ETA 9089 filing status. If your attorney has filed Form 9089, you can check its status through the DOL's Permanent Case Management System at plc.doleta.gov.
  • 3
    Monitor the Visa Bulletin. The State Department typically releases the next month's Visa Bulletin in the middle of each month. Once your PERM is approved and your I-140 is filed, your attorney should be tracking your priority date against the published cutoffs each month.

Frequently asked questions

What is the difference between Analyst Review and Audit Review?

Analyst Review is the standard processing path. A DOL analyst reviews your ETA 9089 application and, if everything is in order, certifies it. Audit Review happens when the DOL selects your case for additional scrutiny, usually requesting documentation about the recruitment process or the job requirements. You cannot control whether your case is audited, and audits add significant time. The DOL is currently reviewing audit cases from December 2025, with an average review time of 290 days.

Does my job title or salary change the processing time?

Not directly. The DOL processes cases in the order they are received, regardless of the position or wage level. However, highly specialized roles may trigger expert analyst review on the prevailing wage determination, which can add a year or more. Your attorney will know whether your position is likely to require that additional step.

What happens if I change jobs or get promoted while my PERM is pending?

A PERM application is tied to a specific job, employer, worksite, and salary. If any of those change materially before the PERM is certified, it may need to be withdrawn and refiled, which means losing your place in the queue and your priority date. Title changes, location changes, and salary adjustments should all be reviewed by immigration counsel before they take effect.

What does it mean that India EB-2 is "unavailable" in July 2026?

When the State Department marks a category as "unavailable," it means the annual visa number allocation for that country and category has been exhausted for that month. No India-born employees in the EB-2 preference category can receive final approval for a green card during July 2026, regardless of their priority date. This is a monthly determination and can change. The Final Action Date chart for India EB-2 will either show a date or remain unavailable depending on visa number availability each month.

When should I start the PERM process?

The earlier, the better. For H-1B employees from India or China, the green card backlog means that the sooner your priority date is established, the better your position in the queue. For employees from backlogged countries, immigration counsel typically recommends starting the PERM process in year two or three of the H-1B, well before the six-year maximum is reached. For employees from countries with current priority dates, earlier filing still protects against future retrogression.

This article is for informational purposes only and does not constitute legal advice. Processing times change frequently. Consult qualified immigration counsel before making decisions about your green card sponsorship.

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