Right now, the Department of Labor (DOL) takes about 336 days (roughly 11 months) to review a PERM application. That number comes from DOL’s official processing times page, updated October 5, 2026. But the review is only one part of PERM. From the first step to approval, the whole PERM process usually takes 16 to 20 months.
If you are planning an EB-3 visa job, PERM is the first big step, and it is often the first long wait. This guide explains the current PERM processing time in plain language, what each step involves, and where PERM fits in the full EB-3 timeline.
We also cover the news. On October 8, 2026, DOL stopped PERM processing for eight large companies. Some headlines called it a “green card freeze.” For most EB-3 workers, it is not. We explain who is affected and who is not.
In this guide, you will learn:
- The current PERM processing times, step by step
- What PERM labor certification is and who does the work
- A month-by-month example of a real PERM timeline
- How PERM fits into the full EB-3 process
- What can slow your case down, and what you can ask your employer
- What the October 2026 PERM suspension means for you
Current PERM Processing Times (October 2026)
DOL publishes its processing times on the FLAG website (the Foreign Labor Application Gateway, DOL’s online system for labor certification). Here are the latest numbers:
| PERM stage | DOL is now working on cases filed in | Average time |
|---|---|---|
| Analyst Review (regular PERM review) | December 2025 | 336 days |
| Audit Review | December 2025 | Not published |
| Reconsideration requests | May 2026 | Not published |
| Prevailing wage requests (PERM) | June 2026 | About 3-4 months |
Source: DOL FLAG processing times. PERM data as of October 5, 2026. Prevailing wage data as of September 30, 2026. Average Analyst Review time is for August 2026.
What “Priority Month” Means
DOL works on cases in the order they were filed. The “priority month” tells you which month’s cases DOL is reviewing now.
For example, in October 2026, DOL is reviewing PERM applications filed in December 2025. If your employer filed in March 2026, DOL has not reached your case yet. You can estimate your wait by counting the months between your filing month and the current priority month.
DOL updates these numbers about once a month. You can always check the latest times on the DOL FLAG processing times page.
Is It Getting Better or Worse?
PERM times have been long for several years. Earlier in 2026, some cases were reported to take up to 17 months at the review stage. The current average of about 11 months is better than that, but it is still a long wait. Congress has discussed ways to speed up PERM. We cover one proposal below.
What Is PERM Labor Certification?
PERM (Program for Electronic Review Management) labor certification is the process where a U.S. employer proves to the Department of Labor that it needs to hire a foreign worker for a permanent job.
To get PERM approved, the employer must show two main things:
- No qualified U.S. worker is available. The employer must advertise the job and show that no qualified, willing U.S. worker applied.
- The job pays a fair wage. The job must pay at least the prevailing wage, which is the normal wage for that job in that area, as set by DOL.
The rule exists to protect U.S. workers. The government wants to make sure that hiring a foreign worker does not take a job or lower wages for people already in the U.S.
Who Does the Work?
The employer, usually with an immigration attorney, does almost all the PERM work. The employer files the application on ETA Form 9089 (see our guide to ETA Form 9089).
As the worker, you usually provide information about your background and sign the final form. But you do not file PERM yourself.
Is PERM the Same for Skilled and Unskilled Jobs?
Yes. The PERM process is the same for EB-3 skilled workers and EB-3 “Other Workers” (unskilled jobs that need less than two years of training or experience). The difference comes later, in the visa bulletin, where each group has its own waiting line.
If you are not sure which EB-3 group your job fits into, see EB-3 visa requirements: who qualifies.
The PERM Steps and How Long Each One Takes
PERM is not one step. It is a series of steps, and each one takes time. Here is how the process works for most EB-3 jobs.
Step 1: Prevailing Wage Determination (About 3-4 Months)
First, the employer asks DOL to set the prevailing wage for the job. It files a prevailing wage request on Form ETA-9141.
DOL looks at the job duties, the location, and the requirements. Then it decides the minimum wage the employer must offer. Right now, DOL is processing prevailing wage requests filed in June 2026, so this step takes about 3 to 4 months.
Why it matters to you: this wage is the minimum you must be paid when you start the green card job. It is a legal requirement, not just an estimate.
Step 2: Recruitment (About 2-3 Months)
Next, the employer must test the U.S. job market. For most EB-3 unskilled jobs, DOL rules require the employer to:
- Place a job order with the State Workforce Agency for 30 days
- Run two newspaper ads on two different Sundays
- Post a notice of filing at the workplace for 10 business days
The employer must then wait. The rules say recruitment must happen at least 30 days and no more than 180 days before the PERM application is filed. This waiting period lets U.S. workers apply and gives the employer time to review them.
If a qualified U.S. worker applies and is available, the employer may not be able to continue the PERM for that job.
This step usually takes 2 to 3 months. Employers cannot skip it or rush it, because the timing is set by law.
Step 3: Filing ETA Form 9089 and Analyst Review (About 11 Months)
After recruitment, the employer files ETA Form 9089 through FLAG. The day DOL receives this form becomes your priority date. Your priority date is your place in line for a green card later in the process.
Then DOL’s analysts review the application. This is the longest part of PERM. Right now, it takes about 336 days.
Step 4: Audit, If Selected (Adds Several Months)
Sometimes DOL selects a case for an audit. This means DOL asks the employer for more documents, such as proof of the recruitment steps. Some audits are random. Others happen because something in the application looks unusual.
The employer must respond within 30 days. Then the case goes into the audit review line. DOL is currently reviewing audits for cases filed in December 2025, but an audit usually adds several months to the total time.
Step 5: Certification
If everything is in order, DOL certifies (approves) the PERM. This is good news, but it is not a visa or a green card. It only means the employer may now file the next step with immigration authorities.
The employer must file Form I-140 with U.S. Citizenship and Immigration Services (USCIS) within 180 days of PERM approval. If it does not, the PERM approval expires and the process must start again.
PERM Steps at a Glance
| Step | Who does it | Current time |
|---|---|---|
| Prevailing wage request | Employer | About 3-4 months |
| Recruitment | Employer | About 2-3 months |
| ETA Form 9089 filing and Analyst Review | Employer, then DOL | About 11 months |
| Audit (only if selected) | Employer, then DOL | Adds several months |
| Total PERM time | About 16-20 months |
Example: A PERM Timeline Month by Month
Here is a simple example to show how these steps add up. The worker is a production helper sponsored by a food-processing company. The employer starts the process in November 2026.
This is an estimate based on DOL’s processing times in October 2026. Real cases can be faster or slower.
- November 2026: The employer files the prevailing wage request.
- February-March 2027: DOL issues the prevailing wage.
- March-May 2027: The employer places the job order, runs the newspaper ads, posts the notice, and waits the required 30 days.
- May 2027: The employer files ETA Form 9089. The worker’s priority date is now May 2027.
- May 2027-April 2028: DOL reviews the application (about 11 months).
- About April 2028: PERM is certified, if there is no audit.
- By October 2028 at the latest: The employer must file Form I-140 within 180 days.
In this example, PERM takes about 17 to 18 months. If DOL selected the case for an audit, it could take several months longer.
Notice one important thing: the priority date was set in May 2027, not in April 2028 when PERM was approved. This is why it matters when the employer starts. The earlier the employer files, the earlier your place in line.
Where PERM Fits in the Full EB-3 Timeline
PERM is only the first stage. Here is the full EB-3 process from start to green card:
- PERM labor certification: currently about 16-20 months, including about 11 months of DOL review
- Form I-140 petition: the employer asks USCIS to approve you as a worker for this job. Premium processing is available for an extra fee, which makes this step much faster.
- Wait for your priority date: you wait until your priority date is “current” in the monthly visa bulletin.
- Final step: if you are outside the U.S., you go through the National Visa Center (NVC) and a visa interview at a U.S. embassy or consulate. If you are in the U.S. legally, you may be able to file Form I-485 instead.
- Green card: you enter the U.S. as a permanent resident, or receive your green card in the U.S.
Overall, the EB-3 process usually takes around 48 months from start to green card. For a full breakdown, see our guide to EB-3 visa processing times and our page on the EB-3 process step by step.
The Visa Bulletin Wait Is Often Longer Than PERM
For many EB-3 workers, the longest wait is not PERM. It is the wait for a visa number.
In the October 2026 visa bulletin, the final action date for EB-3 Other Workers (for most countries, including Mexico) moved back to January 1, 2022. That means people whose priority date is in early 2022 are only now reaching the front of the line. For EB-3 skilled workers, the date is May 15, 2024.
This is another reason PERM timing matters. PERM sets your priority date. A long PERM wait does not add to your visa bulletin wait, because your priority date is set when the PERM is filed, not when it is approved. But a late start means a later place in a long line.
What Can Slow Down Your PERM
Some delays are outside anyone’s control. Others can be avoided with good preparation. Here are the most common causes of PERM delays, and what you can ask your employer about each one.
- Audits. An audit can add several months. Ask your employer: “Was our case selected for an audit? When is the response due?”
- Mistakes on the form. Small errors on ETA Form 9089, such as wrong dates or job details that don’t match the ads, can lead to a denial. Then the process may need to start over. Ask: “Is an experienced immigration attorney handling our case?”
- Recruitment problems. If a qualified U.S. worker applies, the employer may not be able to continue. Ask: “Did recruitment finish without qualified U.S. applicants?”
- Prevailing wage issues. If the employer disagrees with the wage DOL sets, it can ask for a review. This adds time. Ask: “Has the prevailing wage been issued, and is the employer able to pay it?”
- Layoffs. If the employer recently laid off workers in the same or similar job, DOL may look more closely. In some cases, the employer must contact those laid-off workers first. Ask: “Have there been layoffs in this kind of job?”
- Employer changes. If the company is sold, merges, or closes, the PERM may be affected. Ask: “Is anything changing with the company that could affect my case?”
You do not need to ask all these questions at once. But it is fair to ask your employer for regular updates. This is your future, and you have a right to understand where your case stands.
Can PERM Be Sped Up?
Not right now. Unlike Form I-140, there is no premium processing for PERM. DOL reviews cases in the order they were filed, and there is no fee to move to the front of the line.
Some members of Congress have proposed a law, the PERM Backlog Reduction Act, that would create a faster paid option for PERM. As of October 2026, it has not become law. You can read more in our article on premium processing for PERM.
What actually helps today:
- An employer that starts the process early
- An experienced immigration attorney who files a clean, complete application
- Quick answers from the employer if DOL asks for more information
Be careful with anyone who promises they can make PERM faster for a fee. No legal service can do that.
The October 2026 PERM Suspension: Does It Affect You?
On October 8, 2026, the U.S. government announced that it was stopping PERM processing for eight companies. News reports called it a “green card freeze,” and many EB-3 workers have asked if their case is in danger. Here is what we know.
What Happened
At a White House press conference, Labor Secretary Keith Sonderling said DOL “will not accept any new or process any pending permanent labor certification applications” involving eight employers:
- Microsoft
- Adobe
- Cognizant
- Infosys
- Tata Consultancy Services (TCS)
- Wipro
- HCLTech
- Capgemini
Officials said the action is linked to ongoing federal investigations. No end date was given. Vice President JD Vance said the suspensions would last “as long as it needs to.”
Who It Affects
The suspension affects workers whose green card is being sponsored by one of these eight companies. Most of them are technology workers, many on H-1B visas.
Who It Does Not Affect
Based on reporting so far, no other employers are affected, and the PERM rules have not changed.
If your EB-3 sponsor is a restaurant, a food-processing plant, a cleaning company, a hotel, a factory, or any other employer not on the list, your PERM case continues as normal. DOL is still processing PERM applications for other employers in the usual order.
So this is not a freeze on all green cards. It is an action against eight specific companies.
What We Don’t Know Yet
There are still open questions:
- DOL has not yet released detailed written guidance.
- It is not clear what happens to cases from these companies that were already approved, or where a Form I-140 was already filed or approved.
- It is not known if more employers could be added later.
We will update this article if DOL publishes official guidance.
If Your Sponsor Is One of the Eight Companies
If you are being sponsored by one of these companies, speak with your employer’s immigration attorney as soon as possible. Ask how the suspension affects your specific case.
If you already have an approved I-140, you may have options in some situations, such as keeping your priority date with a new employer. Read more in our guide to changing employers after I-140 approval. Every case is different, so get advice for your situation before making a decision.
Who Pays for PERM?
The employer must pay the costs of the PERM process. This includes the attorney fees for preparing the PERM application and the cost of the job ads.
Under DOL rules, an employer may not ask for or accept payment of any kind from you for activities related to PERM. It also cannot take this money out of your pay or ask you to pay it back later.
You may choose to hire and pay your own separate lawyer for advice. But the PERM costs belong to the employer.
Watch for this warning sign: if anyone asks you to pay for the employer’s PERM costs, ads, or attorney, be very careful. It may be illegal, and it may be a scam. Legitimate EB-3 sponsors follow these rules. You can browse current openings from sponsoring employers on our EB-3 jobs list.
How to Check Your PERM Status
Your employer and its attorney receive the official updates from DOL. As the worker, you usually do not get them directly. Here is what you can do:
- Ask for your case number. Your employer or attorney can share the PERM case number and the date the ETA Form 9089 was filed.
- Check the FLAG case status search. DOL has a public case status search on the FLAG website.
- Compare dates. Compare your filing month with the current priority month on the FLAG processing times page linked above. If DOL is working on December 2025 cases and yours was filed in February 2026, you can expect your case to be reviewed in about two months.
If your case has passed the current priority month and you have not heard anything, ask your employer’s attorney whether DOL has sent any requests.
Frequently Asked Questions
How long is PERM approval taking right now?
As of October 5, 2026, DOL’s Analyst Review takes about 336 days, or roughly 11 months, after the employer files ETA Form 9089. DOL is currently reviewing cases filed in December 2025. These numbers change monthly, so check the DOL FLAG website for the latest times.
How long does the whole PERM process take, start to finish?
The whole PERM process usually takes about 16 to 20 months. This includes about 3-4 months for the prevailing wage, about 2-3 months for recruitment, and about 11 months for DOL’s review. An audit can add several more months.
How do I know if my PERM is approved?
DOL sends the decision to your employer or its attorney, not to you directly. Ask your employer to tell you when the PERM is certified. You can also check the DOL FLAG case status search if you have the case details.
Does the PERM suspension stop all green cards?
No. The October 8, 2026 suspension applies to eight named employers: Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCLTech, and Capgemini. Based on reporting so far, no other employers are affected and PERM rules have not changed.
Can I change jobs while my PERM is pending?
PERM is tied to a specific job with a specific employer. If you leave before the PERM and I-140 are approved, the process usually stops and a new employer must start again. After I-140 approval, you may be able to keep your priority date with a new employer in some cases.
What happens if my PERM is audited?
DOL asks the employer for more documents, usually about the recruitment steps. The employer has 30 days to respond. An audit does not mean your case will be denied, but it usually adds several months to the process.
What happens if my PERM is denied?
The employer can ask DOL to reconsider the decision or ask for a review by an appeals board. Right now, DOL is processing reconsideration requests filed in May 2026. In some cases, it is faster for the employer to fix the problem and file a new PERM.
Is PERM the same for skilled and unskilled EB-3 jobs?
Yes. The PERM steps are the same for EB-3 skilled workers and EB-3 Other Workers. The difference comes later, in the visa bulletin, where Other Workers usually have a longer wait.
Do I pay for PERM?
No. The employer must pay the PERM costs, including attorney fees and job ads. Under DOL rules, the employer cannot ask you to pay for them or pay them back. You may pay for your own separate lawyer if you choose.
Sources
- U.S. Department of Labor: FLAG Processing Times (PERM data as of October 5, 2026; prevailing wage data as of September 30, 2026)
- U.S. Department of Labor: FLAG Case Status Search
- Code of Federal Regulations: 20 CFR 656.12, Improper commerce and payment (employer may not receive payment for PERM)
- Code of Federal Regulations: 20 CFR 656.17, Basic labor certification process (recruitment rules)
- Code of Federal Regulations: 20 CFR 656.30, Validity of labor certifications (180-day filing window)
- USCIS: Form I-140, Immigrant Petition for Alien Workers
- U.S. Department of State: Visa Bulletin (October 2026)
- TIME: U.S. Expands Crackdown on Green Cards, Student Exchange Visas (October 9, 2026; PERM suspension announcement)
This article is general information, not legal advice. Immigration rules change often. For advice about your own case, speak with a licensed immigration attorney.
