Current PERM Processing Times
This month does not bring much change in the PERM processing times – regular PERM cases still take around five months. The processing time of PERM applications in audit remains unchanged compared to our prior report from a month ago.
The processing times, as reported by DOL, are as follows:
Regular processing: May 2014. DOL is processing PERM applications with priority dates of May 2014. There is no change in the expected duration of a PERM case compared to the September 2014 report. Accordingly, regular PERM processing times should be around five months.
Audited applications: April 2013. DOL is processing PERM audits which have a priority date (date of filing of the PERM application) of April 2013. There is no change in the expected PERM audit review time compared to last month’s report. Accordingly, audited PERM applications are processed approximately 18-19 months after the initial PERM was filed and the priority date established.
Appealed applications (requests for reconsideration to the Certifying Officer): October 2014. DOL is processing PERM appeals (requests for reconsideration to the certifying officer) which were appealed in October 2014. There is no change in this category, compared to our last report. Accordingly, PERM requests for reconsideration are processed within approximately a month after PERM appeal (motion for reconsideration to the Certifying Officer) is filed.
“Government error” appealed applications. DOL has indicated that PERM appeals in this category are reviewed on a 30-45 day timeline. However, after filing an appeal, DOL does not make an indication whether a PERM appeal is accepted to be processed under the “government error” queue or under the regular appeal queue. As a result, DOL has indicated that the only way to know whether a PERM appeal has been accepted for processing under the “government error” queue is to wait for 45 days for response. If the PERM appeal is reviewed within this time, this would be an indication that a PERM appeal has been accepted (and reviewed) under the “government error” queue. If no response is received 45 days after filing of a PERM appeal, then this should be an indication that the PERM is pending under the regular appeals queue.
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