H-1B foreign workers need to get a US employer to sponsor them for permanent residency to get a green card. The first step in the most popular green card category that companies use to sponsor an employee for permanent residency in the US is called “Labor Certification,” or PERM.
There are reports that several PERM applications have been denied or have had their processing time delayed.
The Department of Labor (DOL) has released its most recent report on PERM and prevailing wage determination (PWD) processing delays.
As of July 1, the department was evaluating appeals for reconsideration submitted in May 2025 and earlier, as well as deciding PERM applications submitted in March 2024 and earlier.
PERM Processing Times (as of 08/14/2025)
These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed.
Average Number of Days to Process PERM Applications
These dates reflect the amount of time to process applications. Actual processing times for each employer’s PERM application may vary from the average depending on material facts and individual circumstances of the case. OFLC is reporting the average processing time for all PERM applications for the most recent month.
Prevailing Wage Determination Processing Times (as of 08/01/2025)
The dates reflect the month and year in which applications were filed (request date) or the submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed.
What is permanent labor certification (PERM)
A permanent labor certification (PERM) issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.
In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).
The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The DOL works to ensure that the admission of foreign workers to work in the U.S. will not adversely affect the job opportunities, wages and working conditions of U.S. workers. Once a permanent labor certification application has been approved by the DOL, the employer will need to seek immigration authorization from USCIS.