Immigration

Srinivasa Reddy Kandi: January 2025 PERM Updates

February, 15, 2025-05:18

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January 2025 PERM Updates

As of January 1, 2025, the Department of Labor (DOL) has released revised processing times for PERM applications and prevailing wage determinations (PWD). These updates are crucial for employers and foreign workers involved in the employment-based green card process. The processing times significantly influence how employers and foreign workers strategize for each phase, from the initial filing of the PERM application to the submission of the I-140 immigrant petition, and ultimately, when the priority date becomes current, the application for adjustment of status or consular processing. Being well-informed facilitates better resource coordination and preparation for potential delays. Additionally, understanding processing timelines aids in managing expectations, preventing gaps in work authorization, and ensuring adherence to immigration regulations, thereby promoting a more streamlined and effective process.

January 2025 Update on PWD and PERM Processing Times

The National Prevailing Wage Center (NPWC) is currently handling Prevailing Wage Determinations (PWDs) that were submitted in June 2024, encompassing both Occupational Employment Statistics (OES) wages and non-OES wages, which include private wage surveys. Additionally, the NPWC is addressing redetermination requests that were also filed in June 2024. At Reddy Neumann Brown PC, we are observing that PWDs are being issued in approximately six months.

The Department of Labor (DOL) is processing PERM applications that were submitted in September 2023. On average, the DOL is adjudicating these applications in about 462 days, provided that no audit is initiated. The January update does not include data regarding PERM applications that have undergone audits. However, according to last month’s report, the DOL indicated that it was processing audits for PERM applications submitted in December 2022, with an average processing time of 496 days. Furthermore, the DOL is also reviewing PERM reconsideration requests submitted in July 2024. At Reddy Neumann Brown PC, we are currently witnessing PERM applications being approved (in cases without audits) in roughly 14 to 15 months, aligning with the average processing times reported by the DOL.

What to Anticipate Moving Forward

In recent years, there has been a notable increase in PERM processing times. Given this ongoing trend, it is unlikely that there will be a significant improvement in processing times in the near term. To address these delays, it is essential to initiate the green card process as early as possible to accommodate potential processing setbacks.

While the Department of Labor (DOL) has introduced the Foreign Labor Application Gateway (FLAG) system aimed at enhancing efficiency, it remains uncertain whether these initiatives will lead to substantial reductions in processing times. The DOL has recognized the existing delays and is actively seeking ways to improve the situation. Although there has been some progress in decreasing processing times for Prevailing Wage Determinations (PWDs), achieving similar reductions for PERM applications may be challenging.

In fiscal year 2024, the DOL reported a 12% increase in total filings compared to the previous year, further straining an already overloaded system. This rise in demand underscores the necessity of starting the process early and preparing for possible delays, as the heightened volume is expected to continue affecting timelines in the near future. Employers and foreign workers should adopt a strategic approach and stay informed of updates to effectively navigate this intricate process.

Alternative Options

Employers are encouraged to commence the PERM-based green card process as early as possible to mitigate potential complications associated with the foreign worker’s temporary work visa status. Additionally, eligible individuals may consider alternative pathways to the PERM-based green card process. When evaluating alternatives, several immigrant visa categories may provide quicker or more appropriate options for certain individuals and employers.

EB-1A Extraordinary Ability
EB-1B Outstanding Professors and Researchers
EB-1C Multinational Managers or Executives
EB-2 National Interest Waiver (NIW)
“Schedule A” Group II Exceptional Ability
EB-5 Immigrant Investor Program

Although the PERM-based green card process has historically served as a primary route for individuals seeking permanent employment in the United States, exploring alternative options can offer practical and expedited solutions for both individuals and employers. The diverse array of available immigrant visas caters to various skill levels and business requirements, providing flexibility in navigating the intricacies of U.S. immigration regulations. By comprehensively understanding and considering these alternatives, individuals and organizations can make more informed choices regarding their immigration strategies.

Srinivasa Reddy Kandi is an Immigration policies researcher and immigration laws analyst.
Kandi Srinivasa Reddy, Srinivasa Reddy Kandi, #KandiSrinivasaReddy, #SrinivasaReddyKandi
Disclaimer: The information presented here is general in nature and might not be applicable in any given situation. It should not be interpreted as legal advice or taken for granted that it is always current.