The PERM process is a critical step in employment-based green card applications. But if you’re a U.S. employer who is trying to get PERM approval for a foreign worker, determining the right time to start is crucial. Each step involves a strict deadline – and there can be serious consequences if you miss it. In fact, it could result in delays or even starting over again.
While getting PERM approval involves numerous components, one factor stands out: timing. The careful orchestration of these time-sensitive elements can make or break your PERM application. This guide explains the PERM processing time, the impact of timing errors, and the best practices for managing timing if you’re applying.
What Is PERM?
The Program Electronic Review Management (PERM) process involves job recruitment, determining wages, and proving that there is a lack of qualified American workers who can fill the position. You’ll need PERM approval before you can fill out an I-140 petition, which is the petition you’ll need to complete for permanent residency.
PERM Processing Timelines: An Overview
So how long does PERM take? When you’re dealing with U.S. Citizenship and Immigration Services (USCIS), there can always be unforeseen delays that can change the typical timeline of any type of application. But when it comes to the PERM process, here’s what you can generally expect:
Prevailing Wage Determination (PWD): 3-6 Months
During the PERM process, the recruitment period takes at least 30 days, but often it takes 60-180 days. After that, you’ll need to file the ETA Form 9089. The Department of Labor’s prevailing wage determination time can be 3-6 months (or longer if you’re audited). Within this timeline, you’ll need to carefully manage various time-sensitive tasks and deadlines.
Filing the ETA Form 9089
Like every other aspect of the PERM process, the timing of filing of the ETA Form 9089 is also crucial. This form will need to be filed before the PWD expires, and it must be filed at least 30 days after the last recruitment steps. If that doesn’t sound complicated enough, it should also be filed within 180 days of the start of recruitment to ensure the labor market test remains valid.
DOL Processing
Department of Labor processing is the final step in PERM approval. You can’t control the DOL PERM processing times, so you’ll need to be prepared for potential audits (which require a response within 30 days) and supervised recruitment if it’s ordered. You should also keep meticulous records so you’ll be able to respond promptly to any DOL inquiries.
The Impact of PERM Timing Errors
Perhaps the most important aspect of understanding why timing is crucial in the PERM process is avoiding errors. There are several excellent reasons you should stay aware of timing at every step, because missteps in timing can have severe consequences, including:
- Invalidation of the PERM application
- Wasted time and resources on recruitment
- Delays in obtaining permanent residency for the foreign worker
- Potential loss of the worker’s eligibility for certain immigration benefits
If you’ve already invested time in the PERM process (or any process through USCIS), you know how devastating any of these consequences of bad timing can be for a business, an employee, or for yourself if you are the employee seeking approval.
Best Practices for Managing PERM Timing
Understanding the best practices for managing the timing of the PERM process can also help you avoid mistakes that can result in wasted time and money. To navigate the temporal challenges of the PERM process:
- Get a head start on the process, making sure you begin well in advance of any anticipated deadlines.
- Create a detailed PERM timeline, mapping out all required steps and their associated deadlines.
- Allow extra time for unexpected delays or complications.
- Keep meticulous records of all recruitment activities and applicant interactions.
- Monitor PWD and recruitment validity periods closely, setting reminders for key dates.
- If you’re eligible, pursue concurrent I-140 and I-485 filing to potentially save time.
By understanding the importance of timing, creating detailed timelines, leveraging technology, and seeking expert guidance when needed, employers can effectively manage the PERM process’s temporal challenges.
For more guidance on the PERM process, reach out to FileRight. In the complex world of employment-based immigration, time is not just money – it’s the key to unlocking a path to permanent residency for skilled foreign workers and securing the talent businesses need to thrive. We give you the tools you need to reach your immigration goals.
