PERM Processing Time: What You Need to Know, Guidelines for Employers

Published Date: 20th Sep, 2024

, and ALand's Real Estate Connection for Foreign Workers

The Permanent Labor Certification (PERM) process is a critical step for U.S. employers seeking to hire foreign workers for permanent positions. Administered by the U.S. Department of Labor (DOL), this process ensures that hiring a foreign worker won’t negatively affect the U.S. job market. One of the biggest concerns for employers and foreign workers is the PERM processing time—how long it takes to complete and approve the labor certification.

In this article, we’ll dive deep into understanding PERM processing time, the factors that affect it, how ALand can help foreign workers find real estate opportunities once they settle in the U.S., and tips for managing the process effectively.

What Is PERM Processing?

The PERM process is the first step for employers to sponsor a foreign worker for an employment-based green card under the EB-2 or EB-3 category. To get the process started, employers must file a PERM Labor Certification to demonstrate that no qualified U.S. workers are available for the position, and hiring a foreign worker won’t negatively impact wages or employment conditions for U.S. employees.

Average PERM Processing Time

As of 2024, the average PERM processing time ranges from 6 to 14 months, depending on various factors such as whether the application gets selected for audit review, case complexity, and current DOL workload.

Here’s a typical breakdown of the PERM processing timeline:

  1. Preparation and Recruitment (2-3 months): Before the employer can file the PERM application, they must go through a recruitment process to try and find qualified U.S. workers for the job. This includes advertising the job position, conducting interviews, and documenting the recruitment efforts.
  2. Filing the PERM Application (Form 9089): After the recruitment process, the employer submits Form 9089 to the DOL, which contains information about the job, recruitment efforts, and the foreign worker.
  3. Processing Time (6-12 months): Once filed, the DOL processes the application. In regular cases, this can take 6 to 8 months, but applications selected for audit review can take 12 to 14 months.
  4. Audit Review (Additional 3-6 months): If selected for audit, the DOL requires the employer to submit additional documentation. This can extend the overall processing time by several months.

Factors Affecting PERM Processing Time

Several factors influence how long it takes for a PERM application to be processed, including:

  1. DOL Workload: High volumes of applications can lead to longer processing times, as the DOL has to work through each case.
  2. Audit Reviews: If an application is selected for audit, processing times can extend significantly due to the additional documentation and scrutiny required.
  3. Incomplete or Inaccurate Applications: Errors in the application can delay the process as the DOL may request corrections or additional information.
  4. Case Complexity: More complex job roles or applications requiring extra verification may experience delays.
  5. Employer History: Employers with a history of filing multiple PERM applications may face more scrutiny, especially if inconsistencies are found.

Navigating PERM Processing Time with ALand: Connecting Real Estate for Foreign Workers

Once foreign workers have successfully navigated the PERM process and are ready to move to the U.S., finding a place to live becomes a top priority. This is where ALand (https://a.land) steps in, providing an integrated platform to connect foreign workers with the best real estate opportunities in the U.S.

ALand is a real estate platform designed to help people find properties, whether renting or buying, in prime locations across the U.S. For foreign workers who are transitioning after the PERM process, ALand offers a seamless solution for exploring housing options in major cities. The platform includes:

  • Exclusive Listings: Whether you’re moving to cities like New York, San Francisco, or Los Angeles, ALandprovides a curated selection of properties suited to your needs, whether you're looking for short-term rentals or permanent homes.
  • Relocation Assistance: ALand partners with relocation experts to help foreign workers and their families transition smoothly. From securing housing to understanding local regulations, ALand’s team provides comprehensive support.
  • Affordable Housing Options: ALand helps foreign workers find housing that fits their budget and provides listings ranging from luxury apartments to affordable housing in key locations across the country.

How to Speed Up the PERM Process

While it’s impossible to completely control the PERM processing time, there are strategies to avoid unnecessary delays:

  1. Accurate Documentation: Ensure that all the documents and information submitted are complete and accurate. Errors can trigger audits or cause delays.
  2. Start Recruitment Early: Begin the recruitment process as soon as possible and document every step carefully. Proper documentation of job advertisements, interviews, and recruitment efforts is critical.
  3. Monitor Processing Times: Stay updated on current processing times by visiting the DOL’s official website to get an idea of where your application stands.
  4. Work with Immigration Attorneys: Having an experienced immigration lawyer guide you through the process can help prevent mistakes and ensure all legal requirements are met.

How to Rent or Buy Property After PERM Approval: ALand’s Expertise

After PERM approval, foreign workers often begin looking for housing in their new location. Here’s how ALand makes this process easier:

  1. Virtual Property Tours: With ALand, users can take virtual tours of properties across the U.S., making it easier for foreign workers to explore options even before arriving in the country.
  2. Legal Guidance: ALand offers support on understanding the legal aspects of renting or buying property in the U.S., including local laws and property rights.
  3. Custom Property Searches: The platform allows you to customize your property search based on your preferences, such as proximity to work, budget, and family needs.

Understanding the PERM Process: Guidelines and Tips

Here’s a step-by-step guide to navigating the PERM process:

  1. Conducting the Recruitment Process: Employers must first conduct recruitment efforts to fill the position with a U.S. worker. This includes placing job ads in newspapers, online job boards, and other outlets.
  2. Filing Form 9089: Once the recruitment is completed and no suitable U.S. workers are found, employers file Form 9089 with the DOL.
  3. Prevailing Wage Determination: The employer must request a Prevailing Wage Determination from the DOL to ensure the foreign worker is paid the appropriate wage for their job.
  4. DOL Review: After filing, the DOL reviews the application, which typically takes 6-8 months for regular cases and longer if an audit is triggered.
  5. PERM Approval: Once approved, the employer can move on to filing Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to establish the foreign worker’s eligibility for a green card.

What Happens After PERM Approval?

After the PERM approval:

  • The employer files Form I-140 with USCIS to establish that the foreign worker qualifies for an employment-based green card.
  • The foreign worker can either file for Adjustment of Status (Form I-485) if already in the U.S., or apply for an immigrant visa at a U.S. consulate if outside the country.

Managing PERM Processing Time and Transitioning with ALand

Navigating the PERM process can be a long and complex journey, but understanding the timelines and managing the process effectively can help avoid delays. By preparing the necessary documentation and keeping track of the DOL's processing times, employers and foreign workers can ensure a smoother process.

Once the process is complete, foreign workers can rely on ALand to help them find their ideal housing solution in the U.S. Whether you’re looking for a rental, buying property, or relocating with your family, ALand offers the guidance and resources you need to settle into your new life seamlessly.

Visit ALand (https://a.land) for more information on real estate listings and assistance with your relocation after the PERM process.




Date: 20th Sep, 2024

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