Current PERM Processing Time 2019 – PWD, Audit Case

Updated  13 Nov, 19
  315    

Fastest PERM processing time is 45 days. Average PERM processing time is 3 months. PWD approval is taking 3 months.

Permanent Labor Certification auditing is done for 30% of cases by requesting job advertisement and employer documents. US department of labor (DOL) also conducts supervised recruitment to find fraud. Audit cases are taking 6 months for approval.

PERM Processing Time14 Nov

Fastest PERM ApprovalA-19204-34698
am22tech.com
3 month 23 days
Time Taken
23 Sep, 19
Approval Date
23 Jul, 19
Receipt Date

Fastest PWD
2 month 26 days
Receipt:18 Aug, 19
Fastest PERM Audit
7 month 27 days
Receipt:14 Mar, 19
Fastest PERM Reconsider
4 month 28 days
Receipt:12 Jun, 19

Total Max Out Time
Job Ads + PWD + PERM + i140
Fastest - premium i1409 month 19 days
Job Ads
PWD
PERM
i140

Average - regular i1401 year
Job Ads
PWD
PERM
i140

Check PERM Status Online
A-
-
Please write correct digits from your receipt number.

Status
Status Date
Status
Expect Approval On or Before DateBETA

PERM Checker
Your PERM case compared with others around you

PERM Approvals
NumberReceiptStatus
Pending  Approved  RFE,   Denied  Your case  Verified Status 


PERM is first step in US green card process. PWD and PERM approval are required for H1B (EB2, EB3) and L work visas applicants based on their ETA Form 9089 filing with DOL.

USCIS does not process PERM.

Check PERM Case Status Online

PERM Checker: Use your PERM ETA case number to check your PERM approval status online above. The PERM case number starts with the letter ‘A’ which means your case is at PERM processing center in Atlanta.

The A number has the year and day of the year embedded in it. The number is assigned to your PERM case when your employer or attorney creates the case in online DOL system for the first time. Your employer may or may not submit the case on same day to DOl for approval.

PERM Analyst review means that your case is worked on by DOL Analyst.

ETA Case Number format is A-NNNNN-NNNNN with 10 digits and the Alien number (also called A number) under beneficiary section on I-140 Approval Notice is A-NNN-NNN-NNN with 9 digits. Note that both numbers are different and have different purpose.

PERM Application Status Meaning

# CERTIFIED

PERM certified status means it has been approved and is valid for 180 days from the date of approval.

# CERTIFIED EXPIRED

PERM certified expired means that PERM was approved but was not used within 6 months to file i140 with USCIS.

This PERM has expired and a new PERM should be filed to get a new Green card priority date. It is possible to request the same priority date from old expired PERM but USCIS may or may not port the date. It depends on USCIS discretion.

Many people have also reported that their i140 was approved after PERM but the status still shows as ‘Certified Expired’ on DOL website and in above case status check. There is no need to worry as it is possible that DOL database is not updated and is showing wrong information.

# WITHDRAWN

PERM application was withdrawn by employer.

# DENIED

PERM application was denied by DOL.

PERM Green Card Priority Date

Your US Green card priority date is the date when you file your PERM application with DOL and not the date when the case was created online.

#1 Employment Based

If your GC needs PERM labor certification, the priority date is the date on which the DOL receives ETA Form 9089 (PERM application form).

If your GC does not need labor certification like EB1 and NIW cases, the priority date is the date of filing form I-140, I-526 or I-360.

#2 Family Based Green Cards

The GC priority date is the date U.S. Citizenship and Immigration Services (USCIS) receives the Form I-130 petition.

H1B 7th year extension with pending PERM

How long does PERM approval process can take in not in your hand but you can file H1B 7th year extension (after completing 6 year quota) if your PERM has been pending for more than 365 days including audit time.

Experience letter for PERM – Skill Letter

Use PERM experience letter sample to get skills listed on old employer’s letter head as an employment verification. This may be needed to prove your skills for the job description that is relevant for your PERM application, if your case is selected for PERM Auditing. The letter also explains how to write job description for PERM.

Normally, 30% of PERM applications are selected randomly for Audit.

PERM in H1B 6th year – Can H1B be extended?

You cannot apply for H1B 7th year extension unless your PERM gets approved before your 6th year ends if you apply PERM during 6th year. PERM has to be either approved or pending (waiting) for more than 365 days on the last day of H1B 6th year.

As a solution to this problem, attorney’s suggest to re-capture vacation time spent outside USA and extend your 6th year end date.

PERM Premium Processing

There is no premium processing available for PERM application. i140 application has premium and can be used to speed up filing 7th year H1B extension if you are near your max out time.

PERM Approval Delayed

Your employer can contact DOL Helpdesk for a status on the application at plc.atlanta@dol.gov. You cannot call DOL for your PERM status check.


USA USCIS Processing Time
 



Recent discussion on forum

  1. Jayanth
    Jayanth

    Thanks Anil for your reply… if perm was not certified after 90 days, does it mean that case was went to Audit? When we can reach out to DOL regarding the status after 90 days?

    Thanks,
    Jayanth


  2. shruti_mahajan
    shruti_mahajan

    Thank you @Anil.Gupta for your answer :slight_smile:


  3. shruti_mahajan
    shruti_mahajan

    Hi @Jayanth,

    Last week, my attorney informed me that there is an audit for my case. So now it might take another few months for the approval.

    Thanks,
    Shruti


  4. Ashish_Chaudhari
    Ashish_Chaudhari

    Thanks Anil for your comments.


  5. Jayanth
    Jayanth

    Hi Roopa,

    Am also in the same situation, my Perm was filed on March 14 and still waiting for an update. My attorney advised the same to exit the country 5 days before the max out (max out is Sep 15, 2019).

    Thanks,
    Jay


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139 more replies

  315 Useful Questions & Answers

  1. KR
    KR 15 Feb, 19 at 11:41 am

    Anil, PERM MTR filed on Feb 1st week and I see internal ID is cleared now, so when can I expect the MTR decision.


    • Anil Gupta
      Anil Gupta 15 Feb, 19 at 11:54 am

      What do your mean by MTR?


      • KR
        KR 15 Feb, 19 at 12:40 pm

        Reconsideration request to CO


        • Anil Gupta
          Anil Gupta 15 Feb, 19 at 1:17 pm

          Was your PERM denied? What was the reason for denial?


          • KR
            KR 16 Feb, 19 at 11:51 pm

            Yes PERM was denied. Reason: Notice Of filing Wage is lower than form 9089.

            Attorney submitted wrong version of NOF. But we do have the correct version where NOF wage matching with 9089. Attorney believes MTR might win.


            • Anil Gupta
              Anil Gupta 17 Feb, 19 at 11:15 am

              The review decision might take 3-5 months.


  2. Arul Veera
    Arul Veera 13 Feb, 19 at 11:18 am

    Anil,

    Any way to check the status by PERM Case Number ?


    • Anil Gupta
      Anil Gupta 13 Feb, 19 at 11:30 am

      Only your employer has access to DOL PERM system online. You can check PERM application status yourself above if you have your PERM case number.
      This service tries to find your case status and matches it up with other case data publicly available.


  3. V11
    V11 13 Feb, 19 at 8:55 am

    Hi Anil,

    After receiving the PWD, can employer file PERM right away (i.e. as we post the job and start the recruiting process) or we have to finish the recruiting process first?

    Thanks,


    • Anil Gupta
      Anil Gupta 13 Feb, 19 at 10:50 am

      PERM can be filed only when all the pre-requirements like job advertisement and PWD have been completed.


  4. RD
    RD 12 Feb, 19 at 6:12 pm

    Hi Anil! What is the next step for an employer after PWD, do they file for PERM right away?
    Thanks for your time 🙂


    • Anil Gupta
      Anil Gupta 12 Feb, 19 at 6:49 pm

      Yes, employer can file PERM right away after PWD approval.


  5. ANSH
    ANSH 12 Feb, 19 at 12:28 pm

    Anil,

    Is there any way to know my position comes under OES or Non-OES?


    • Anil Gupta
      Anil Gupta 12 Feb, 19 at 3:49 pm

      Don’t worry about OES or non-OES.


  6. Danli Tang
    Danli Tang 9 Feb, 19 at 10:27 am

    Hi, my case is currently audited. Is DOL supposed to process perm audit case on first come first serve basis?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      Logically, they should process the application that came first to be fair with other applications.


  7. sini
    sini 9 Feb, 19 at 10:27 am

    hi Anil,
    We had to leave USA as our 6year period onh1b is completing. So i have to work remotely outside usa. Is it an option for me to take salary IN USA ofcourse me remaining out of the country.


  8. Ash
    Ash 9 Feb, 19 at 10:27 am

    Hi Anil,
    My h1b max out is 29 May 2019 but my current visa is expiring on 10 apr. also perm has been filed on 15th nov. in case my i140 is not approved before expiration of my visa. Is it possible to transfer h1b based on pending i140?


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      You cannot stay and work in US beyond 6 year max out even if you file H1B Transfer.

      Your H1B transfer will also need an approved i140 beyond H1B 6th year.


  9. Anjali
    Anjali 9 Feb, 19 at 10:27 am

    Hi Anil,
    I will complete my 6yrs of H1B on Mar 2020 and i have current H1B till Aug 2019. So
    1) If i submit my extension for 6 months , is there any high chance of rejection ? And
    2) My PERM is been submitted on DEC 2018 , when can i expect my PERM approval.
    3) If my PERM is approved, Do i need to do I140 processing in premium if i submit my extension next month.

    Thank you !


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 2:09 pm

      ## H1B extention for 6 months in H1B 6th year
      There is no issue in filing 6 months H1B extensions. You’re fine.

      ## PERM processing time
      You can expect your PERM approval by April 2019 second week.

      ## i140 in premium if need to file H1B extention immediately
      If you only want to file 6 month H1B extention, then i140 can be filed in regular.

      If you want to file H1B for 3 years, then i140 approval is needed and you should file i140 in premium.


      • Anjali
        Anjali 10 Feb, 19 at 12:25 pm

        Thanks Anil . 1) It is better to submit extension now right for six months if byany chance PERM/ I140 is getting delayed then there will be time for the extension 2) If my 6 months extension is rejected before Aug 2019 and if I140 is approved then can i submit for extension with my current petition which is valid till Aug 2019 with that .


        • Anil Gupta
          Anil Gupta 11 Feb, 19 at 8:04 am

          Ya..it is better to file H1B 6 month extension now if your employer is ready to file it.

          You can apply for H1B extension based on i140 even after the 6 month H1B extension is denied. But, you would still need to fix the denial reason.


  10. V11
    V11 9 Feb, 19 at 10:27 am

    Hi Anil,

    My employer has yet to start the recruiting process since they wanted to wait for the PWD first. My H1B will expire on Apr 2, 2020 (all 6 years without recapturing time outside of the US), do you think we have enough time to take care of the PERM so they can extend my H1B beyond the 6 years?

    Thanks,


    • Anil Gupta
      Anil Gupta 9 Feb, 19 at 10:27 am

      If your employer can file PERM on or before April 1, 2019, then you will be eligible for H1B 1 year extension based on pending PERM, if PERM takes time.
      I have covered the PERM pending scenarios here:

      But, usually, PERM + i140 (in premium) should be approved in about 10 months, if there are no PERM audits or i140 RFEs.




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