Guide

Processing Times for PERM in 2026

Published on
August 28, 2026
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Updated August 28, 2026 with the latest Department of Labor processing data and the September 2026 Visa Bulletin

Processing Times for PERM in 2026

DOL and the State Department both published new numbers this cycle: an updated PERM processing-times snapshot from DOL's FLAG dashboard, dated August 28, 2026, and a new Visa Bulletin for September 2026. Here's what changed, what didn't, and what it means for how you track PERM cases on your team's roster.

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.

The PERM process has three distinct stages:

  • Prevailing Wage Determination (PWD): The employer files a request with DOL to determine the applicable prevailing wage for the job opportunity based on information including its duties and requirements, occupational classification, area of intended employment, and applicable wage source.
  • Recruitment: The employer runs required job advertisements to test whether there is a U.S. worker who is able, willing, qualified, and available for the role.
  • ETA Form 9089: If no such U.S. worker is identified, the employer files the PERM application itself. For an I-140 petition supported by an individual labor certification, the priority date is the date DOL accepted the labor certification application for processing.

How Long Does It Take?

DOL's processing-time data is a monthly snapshot, not a promise for an individual case. As of August 28, 2026, DOL was reviewing PERM analyst-review cases filed in November 2025, and its most recent completed-case data shows an average of 372 calendar days for cases decided in July 2026. Prevailing wage and recruitment timing should be planned separately from that analyst-review figure, using the tables below. Audits can materially extend the process, but DOL does not currently publish a standard average for audit duration, so use the current DOL audit queue date rather than a fixed number of additional days when you're estimating a specific case.

StageProcessing Time
Prevailing Wage DeterminationProcessing April 2026 OEWS requests and March 2026 non-OEWS requests, based on DOL's June 30 snapshot
Recruitment30-day job order; mandatory steps generally completed 30–180 days before filing, with one additional professional recruitment step permitted within the final 30 days
ETA Form 9089 (Analyst Review)372 days (~12.2 months)
ETA Form 9089 (if audited)Varies; no current DOL average published

Source: DOL FLAG Processing Times, as of 8/28/2026.

Step 1: Prevailing Wage Determination

PWD TypeRequests Currently Being Processed
Standard (OEWS Data)April 2026
Non-OEWSMarch 2026

Source: DOL FLAG Processing Times, as of 6/30/2026. DOL displays a separate snapshot date for prevailing-wage data, so it should not be combined with the newer PERM adjudication date.

DOL's queue is still substantial. As of the June 30 data, most pending PERM prevailing wage requests were filed from April through June 2026, although a smaller number of earlier requests also remained pending:

Request FiledRequests Remaining
December 202511
January 202663
February 2026106
March 2026627
April 202614,386
May 202618,310
June 202616,797

Source: DOL FLAG Processing Times, "Remaining Requests by Receipt Month," as of 6/30/2026.

Step 2: Recruitment

Mandatory recruitment activities include:

  • A job order with the state workforce agency for 30 days
  • Advertisements on two different Sundays in a newspaper of general circulation in the area of intended employment that is appropriate to the occupation and likely applicants, subject to the limited professional-journal alternative in 20 CFR § 656.17(e)
  • A worksite posting for ten consecutive business days (or, if the position is represented by a bargaining unit, notice to that union instead)
  • Three additional recruitment steps from a prescribed list, for professional occupations

The mandatory professional recruitment steps must generally occur at least 30 days and no more than 180 days before filing. However, one of the three additional professional recruitment steps may consist of activity that occurred within the 30 days immediately before filing. Because the state workforce agency job order must run for 30 days and must finish at least 30 days before filing, the recruitment calendar generally spans at least approximately 60 days from the beginning of the job order. Advertisement scheduling, applicant review, and preparation of the recruitment report can make the process longer. The regulation expressly permits one additional step within the final 30 days (20 CFR § 656.17(e)).

Coming changes: not yet in effect DOL's regulatory agenda lists a planned rulemaking, "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program," targeting recruitment standards, protections for U.S. workers affected by layoffs, nondiscrimination requirements, and recordkeeping. The agenda does not specify that print newspaper ads will be replaced with online recruitment; that is one way employers and firms have speculated the rule could go, not something DOL has proposed in writing. As of August 28, 2026, DOL has not published a Notice of Proposed Rulemaking, so there is no proposed text, no comment period, and no effective date. The agenda's own timetable listed a target of July 2026 for the NPRM, which had not been published as of this update. The recruitment steps above remain the current legal requirement until that changes.

Step 3: ETA Form 9089

Processing QueueCases Currently ReviewedAverage Days
Analyst ReviewFiled November 2025372 days (~12.2 months)
Audit ReviewFiled December 2025Not currently reported
Reconsideration RequestAppealed April 2026Not currently reported

Source: DOL FLAG Processing Times, as of 8/28/2026. The 372-day figure is the average for Analyst Review determinations completed in July 2026, not a guaranteed decision date for a pending case.

Possible outcomes at this stage:

  • Certification
  • Denial
  • Audit, which moves the case into a separate review process and can extend the total case timeline

Visa Bulletin, September 2026

Which chart applies this month Final Action Dates apply for filing purposes by default, unless USCIS specifically authorizes use of the Dates for Filing chart that month. For September 2026, employment-based adjustment-of-status applicants must use the Final Action Dates chart to determine when they can file Form I-485. The Dates for Filing chart still matters for planning purposes and for family-sponsored categories. Check USCIS's chart-selection page each month, since this determination can change.

Final Action Dates

CategoryRest of WorldIndiaChina
EB-1CurrentOct 15, 2022Jul 1, 2023
EB-2CurrentUnavailableSep 1, 2021
EB-3Sep 1, 2024Jan 1, 2014Jan 1, 2022

Dates for Filing

CategoryRest of WorldIndiaChina
EB-1CurrentDec 1, 2023Dec 1, 2023
EB-2CurrentJan 15, 2015Jan 1, 2022
EB-3CurrentJan 15, 2015Jan 8, 2022

Source: U.S. Department of State, Visa Bulletin for September 2026.

The EB-1, EB-2, and EB-3 dates shown above did not change between the August and September 2026 Visa Bulletins. India EB-2 remains unavailable under the Final Action Dates chart.

Watch this The September 2026 bulletin flags three risks for the rest of the fiscal year: continued high demand could force the State Department to retrogress EB-2's final action date or make it unavailable; EB-1 India could become unavailable if its pro-rated allocation is reached; and EB-5 unreserved could also retrogress or become unavailable. None of these has happened yet. They're flagged risks, not confirmed outcomes.

What HR Should Do This Month

None of the data above predicts the outcome of a specific case. What it does support is a monthly discipline for tracking where every PERM case sits:

  • 1
    Record the DOL snapshot date in your case tracker (for example, "analyst review as of 8/28/2026") rather than relying on a static timeline estimate.
  • 2
    Identify which employees are in prevailing wage, recruitment, analyst review, and audit stages, and note the stage-specific queue date for each.
  • 3
    Confirm upcoming recruitment, filing, and document deadlines with counsel, rather than back-calculating from a published average.
  • 4
    Track PERM timing separately from I-140 readiness and Visa Bulletin availability. A PERM certification does not by itself mean a green card is available.
  • 5
    Send affected employees a status update that names the next milestone, who owns it, and when you expect to review it next.

How to Check Case Status

  • Check current PERM processing times at flag.dol.gov/processingtimes (updated at the end of the first work week each month)
  • Use DOL's FLAG Case Status Search to check current PERM matters. For legacy PERM applications filed before May 31, 2023, DOL directs users to the legacy PERM Online System at plc.doleta.gov.
  • Monitor the Visa Bulletin (typically released mid-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 the ETA Form 9089 application and, if everything is in order, certifies it. Audit Review happens when DOL selects a case for additional scrutiny and moves it into a separate review process, which can extend the case's total timeline. DOL does not currently publish a standard average duration for audit review, so check the current audit queue date on FLAG rather than adding a fixed number of days.

Does job title or salary change processing time?

DOL publishes queue-level timing by case type and filing period, but an individual case may take longer because of audits, requests for information, case-specific issues, or agency workflow. We don't have DOL sourcing for a specific rule tying wage level or job specialization to added time, so treat any such estimate case-by-case with counsel rather than as a general pattern.

What happens if an employee changes roles or gets promoted?

A PERM application is tied to a specific job, employer, worksite, and salary. Flag any change in duties, worksite, offered wage, or other material terms for immigration counsel before acting on it. Whether the change requires withdrawing and refiling is fact-specific, and counsel needs the details of the change to make that call.

What does "unavailable" mean for India EB-2?

It means that category is unavailable for visa issuance that month, for that chargeability area. The mechanics behind why a category becomes unavailable in a given month, and when it reopens, can be more nuanced than a simple annual cap being reached, so check the current bulletin's commentary rather than assuming a fixed annual allocation was exhausted.

Is DOL changing the PERM recruitment rules?

DOL's regulatory agenda lists a planned rule to modernize PERM recruitment standards, layoff-related protections, nondiscrimination requirements, and recordkeeping. As of this update, DOL has not published a Notice of Proposed Rulemaking, so there's no proposed text to review and no comment period open yet. Current recruitment requirements still apply. Treat this as a "watch for it," not a "plan around it yet."

When should HR start the PERM process for an employee?

That's a planning question for counsel, not a general rule. Work through visa-status timing, role stability, recruitment readiness, and the employee's broader immigration strategy with your immigration counsel before setting a start date.

Primary Sources
Tracking PERM cases through audit or a stalled priority date across your team's roster? Talk to us about how to set up that tracking.
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This article is for informational purposes only and does not constitute legal advice. Processing times change frequently. Check flag.dol.gov/processingtimes directly for the current month's data, and consult qualified immigration counsel before making sponsorship decisions for specific employees.

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