What is DOL PERM?

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.

Is PERM processing suspended?

DOL’s Office of Foreign Labor Certification is suspending operations due to the shutdown. No PERMs, labor condition applications, prevailing wage requests or applications for temporary labor certification will be processed during this time.

Will PERM processing time improve in 2022?

PERM processing times were slightly longer in February 2022 compared to the previous month. By the end of February, average PERM processing times were 178 days for adjudication and 292 days for audit review.

How does DOL process PERM?

After your employer responds to the audit request, the DOL will review the new evidence and either approve or deny the PERM. After receiving the approved PERM, your employer can move on to the next big step of the process, which is filing an I-140 petition on your behalf with U.S. Citizenship and Immigration Services.

How long does DOL take to approve PERM?

When the recruitment period ends with no able willing and qualified US workers, we will prepare and file the (9089) PERM application and file it with DOL. PERM processing is currently taking about 5-6 months, but could take significantly longer if the case is audited.

Is DOL accepting PERM application?

Under today’s COVID-19 accommodation, DOL will accept PERM filings where recruitment efforts began no more than 240 days before filing, provided that the recruitment was initiated between September 15, 2019 and March 13, 2020, and the ultimate PERM filing occurs by May 12, 2020.

Will the government shutdown affect USCIS?

USCIS: USCIS is funded by filing fees and as such, it will not be impacted by the federal budget and will continue to process applications and petitions. Department of Labor: DOL will be impacted by a federal government shutdown.

Can I-140 be denied after PERM approval?

The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply.

Is priority date same as PERM filing date?

The priority date is thus the filing date of the PERM labor certification application with the Department of Labor. The beneficiary will retain this priority date when filing the I-140 petition once the DOL certifies his or her PERM labor certification application.

Can we stay in US after PERM approval?

You can apply for a 7th year H1B extension if the approved PERM was filed 365 days or more prior to the H-1B Extension application. If you are falling short of 365 days, attorneys recommend using H1B recapture time to reach the 365-day limit.

Will govt shutdown affect PERM processing?

Department of Labor: DOL will be impacted by a federal government shutdown. As such, Labor Condition Applications (required for H-1B and E3 petitions), labor certifications (PERMs) and prevailing wage determinations will temporarily cease to be processed even though such applications are typically submitted online.

When is Dol processing my PERM application?

The month and year DOL is processing is stated there. As you can see DOL is processing PERM applications submitted in June 2020. In the example above, Peter’s priority date is 09/28/2020.

Is permanent labor processed by DOL?

Permanent labor is processed by DOL. Can I apply PERM in premium processing? There is no premium processing available for the 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. How to contact DOL if PERM is delayed?

Can I apply Perm through USCIS?

USCIS does not process PERM. Permanent labor is processed by DOL. Can I apply PERM in premium processing? There is no premium processing available for the 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.

How do I check the status of my OFLC PERM application?

If your application was filed more than three months prior to the month posted, you may contact the OFLC PERM Helpdesk for a status on the application at [email protected]. These dates reflect the amount of time to process applications.