Key Takeaways
• As of July 2025, PERM filings require electronic submission via the FLAG system, with longer processing times averaging 16 months.
• Employers and attorneys must carefully manage recruitment, documentation, and communication to avoid audits and denials.
• 192,529 PERM applications were pending at the end of 2024, causing major backlogs affecting EB-2 and EB-3 green card cases.
The PERM Labor Certification process is the first and often most complicated step for many foreign workers and U.S. employers seeking employment-based green cards under the EB-2 and EB-3 categories. Recent updates from the U.S. Department of Labor (DOL) and the introduction of new electronic systems have changed some aspects of the process, but several common pitfalls continue to cause delays and denials. This update explains what has changed in 2025, who is affected, the effective dates, what actions are required, and the practical implications for both new and pending applications. The goal is to help employers and foreign workers understand the immediate steps they need to take and how to avoid the most frequent problems.
Summary of What Changed
As of July 2025, the PERM Labor Certification process remains largely the same in terms of legal requirements, but there are important updates in how applications are processed and tracked. The DOL’s FLAG system, which became mandatory for all PERM filings in June 2023, is now fully operational. This system requires all applications to be submitted electronically and has changed how employers and attorneys interact with the process. Processing times have increased, and there is a significant backlog of applications. While no major regulatory changes have been announced in 2025, the DOL continues to focus on improving electronic processing and reducing delays.
Who Is Affected
- Employers in the United States 🇺🇸 who want to sponsor foreign workers for permanent residency under the EB-2 and EB-3 categories.
- Foreign workers seeking green cards through employer sponsorship.
- Immigration attorneys who prepare and file PERM applications on behalf of employers and workers.
- Applicants with pending PERM cases filed in 2024 or 2025, as well as those planning to start the process soon.
Effective Dates
- The updates and current procedures described here are effective as of July 2025.
- The FLAG system has been mandatory for all PERM filings since June 2023.
- Processing times and backlogs reflect data as of June and December 2024.
Required Actions
- Employers and attorneys must use the FLAG system for all PERM filings.
- Careful planning is required to account for long processing times.
- Employers must follow strict recruitment and documentation rules.
- Clear communication between employers and attorneys is essential due to limited employer access to case status.
Detailed Update: Five Common Pitfalls in the PERM Labor Certification Process
1. Lengthy and Variable Processing Times
Current Situation:
As of June 2025, the DOL is reviewing PERM Labor Certification applications filed as far back as February 2024. The average analyst review time is about 16 months and 13 days (roughly 500 days). Prevailing Wage Determinations (PWD), which are required before starting recruitment, take about 5 to 8 months depending on the wage data source.
Who Is Affected:
All employers and foreign workers using the PERM process are affected by these delays. The backlog impacts both new and pending applications.
Implications:
– Longer wait times for green card processing.
– Risk of visa status gaps for foreign workers if planning is not careful.
– Possible impact on employee retention if workers cannot remain employed during the wait.
Required Actions:
– Start the PERM process as early as possible. Employers should begin at least 18-24 months before any critical visa deadlines.
– Monitor PWD and PERM timelines closely and adjust workforce planning as needed.
– Consider backup options for visa extensions if delays threaten a worker’s status.
Example:
A software company in the United States 🇺🇸 wants to sponsor a foreign engineer for a green card. If they wait until the worker’s H-1B visa is close to expiring, the long PERM processing time could leave the worker without legal status. Starting the process early helps avoid this risk.
2. Errors and Inaccuracies in the Application
Current Situation:
All PERM applications must be filed electronically through the FLAG system. Only attorneys have direct access to track case progress, while employers receive limited email updates. Even small mistakes or inconsistencies in the ETA Form 9089 or supporting documents can lead to audits or denials.
Who Is Affected:
Employers, foreign workers, and attorneys involved in preparing and submitting PERM applications.
Implications:
– Delays due to audits triggered by errors.
– Possible denials if mistakes are not caught and corrected.
– Increased legal costs for fixing problems after filing.
Required Actions:
– Carefully review all information on the ETA Form 9089, including job duties, wage levels, and recruitment details. You can find the official ETA Form 9089 here.
– Double-check all supporting documents for accuracy and consistency.
– Work closely with experienced immigration attorneys to ensure all requirements are met before submitting.
Example:
If an employer lists a different job title on the recruitment ads than on the ETA Form 9089, the DOL may see this as a mismatch and trigger an audit or denial. Consistency is key.
3. Recruitment Process Compliance
Current Situation:
The recruitment phase usually takes 2 to 3 months and involves several mandatory steps to show that no qualified U.S. workers are available for the job. This includes placing ads in newspapers, online job boards, and sometimes with state workforce agencies.
Who Is Affected:
Employers and their HR teams, as well as attorneys overseeing the recruitment process.
Implications:
– Audits or denials if recruitment steps are not followed exactly.
– Extra costs and delays if the process must be repeated due to mistakes.
– Greater scrutiny from the DOL if documentation is incomplete.
Required Actions:
– Follow all required recruitment steps as outlined by the DOL. Details can be found on the DOL Office of Foreign Labor Certification website.
– Keep detailed records of every ad placed, all resumes received, and reasons for rejecting U.S. applicants.
– Document interview notes and maintain them for possible audits.
Example:
If an employer forgets to run a required newspaper ad or does not keep records of why U.S. applicants were rejected, the DOL may deny the PERM application.
4. Audit Triggers and Handling
Current Situation:
While the audit rate was reported as 0.0% in the first quarter of 2025, audits still happen and can add at least 6 months to the process. Audits are often triggered by discrepancies in wage levels, unclear job requirements, or incomplete recruitment documentation.
Who Is Affected:
Employers and foreign workers whose applications are selected for audit.
Implications:
– Longer processing times (at least 6 months extra).
– Uncertainty and stress for both employers and workers.
– Possible need for extra legal help to respond to audit requests.
Required Actions:
– Prepare for audits in advance by keeping all records organized and up to date.
– Respond quickly and accurately to any DOL requests for more information.
– Work with experienced attorneys who know how to handle audits.
Example:
A manufacturing company receives an audit notice because the wage listed on the ETA Form 9089 is lower than the prevailing wage. If the company cannot explain or correct this, the application may be denied.
5. Lack of Employer Access to Case Progress
Current Situation:
Under the FLAG system, only attorneys can directly check the status of PERM cases. Employers receive email notifications but cannot log in to see detailed updates.
Who Is Affected:
Employers who want to track their PERM cases and stay informed about progress.
Implications:
– Possible communication gaps between employers and attorneys.
– Risk of missing deadlines if important updates are not shared quickly.
– Frustration and confusion for employers who feel out of the loop.
Required Actions:
– Set up regular check-ins with your attorney to get updates on your case.
– Create clear communication protocols so that any DOL requests or deadlines are handled promptly.
– Keep a shared calendar of important dates related to the PERM process.
Example:
An employer misses a DOL request for more information because the attorney’s email went to spam. Regular communication can prevent these problems.
Implications for Pending Applications
If you have a PERM application pending as of July 2025, these issues may already be affecting your case. The long processing times and possible audits mean that you should stay in close contact with your attorney and be ready to provide any additional information quickly. For new applications, early and careful planning is more important than ever.
Step-by-Step PERM Process Overview (2025)
- Prevailing Wage Determination (PWD):
- Employer requests a wage determination from the DOL.
- Processing time: 5-8 months.
- The wage must meet or exceed the “prevailing wage” for the job in the area.
- Recruitment:
- Employer conducts all required recruitment steps (ads, job postings, etc.).
- Processing time: 2-3 months.
- All efforts must be documented.
- PERM Filing:
- Employer files ETA Form 9089 electronically through the FLAG system.
- DOL Review:
- Analyst reviews the application (average 16 months).
- Possible audit or denial.
- Approval:
- If certified, employer files Form I-140 with USCIS to continue the green card process.
Recent Developments and Additional Context
- Backlog: As of December 31, 2024, there were about 192,529 active PERM applications pending. This backlog is a major reason for long wait times.
- Industry Trends: Most PERM certifications are in Professional, Scientific, & Technical Services (25.2%) and Manufacturing (19.5%).
- No Major Regulatory Changes: The DOL has not announced big changes to the PERM process in 2025, but continues to work on improving electronic processing and reducing delays.
- Attorney Advice: Immigration attorneys strongly recommend starting early, keeping detailed records, and maintaining close communication between employers and attorneys.
Practical Guidance and Next Steps
- Employers:
- Begin the PERM Labor Certification process as soon as possible, especially if your foreign worker’s visa is set to expire within the next two years.
- Assign a dedicated HR or legal contact to work closely with your attorney.
- Keep all recruitment and wage determination records organized and accessible.
- Foreign Workers:
- Stay in regular contact with your employer and attorney.
- Keep copies of your own immigration documents and any communication from the DOL or USCIS.
- Ask questions if you do not understand any part of the process.
- Attorneys:
- Provide clear, regular updates to employer clients.
- Double-check all filings for accuracy and consistency.
- Prepare clients for possible audits and explain what records to keep.
Official Resources
For the most up-to-date information on PERM Labor Certification, processing times, and requirements, visit the U.S. Department of Labor’s Office of Foreign Labor Certification.
Conclusion
The PERM Labor Certification process in 2025 remains a critical but challenging step for employment-based green card applicants. Long processing times, strict documentation rules, and the need for careful coordination between employers and attorneys make early planning and attention to detail more important than ever. According to analysis by VisaVerge.com, the most successful PERM cases are those where employers and attorneys work closely together, keep thorough records, and start the process well in advance of any visa deadlines. By understanding the common pitfalls and taking proactive steps, both employers and foreign workers can improve their chances of a smooth and successful PERM process.
Learn Today
PERM Labor Certification → The U.S. Department of Labor’s process certifying no qualified U.S. workers are available for a foreign worker’s job.
FLAG System → An electronic portal mandatory since June 2023 for submitting and tracking all PERM applications online.
Prevailing Wage Determination → A wage benchmark set by DOL ensuring offered salaries meet local standards before recruitment begins.
ETA Form 9089 → The official form employers submit electronically to request PERM certification for a foreign worker.
Audit → An official DOL review triggered by inconsistencies or errors that can delay or deny a PERM application.
This Article in a Nutshell
The 2025 PERM Labor Certification process mandates electronic filings via FLAG, faces long backlogs, and requires precise recruitment and documentation to avoid audits and delays impacting green card applicants and employers alike.
— By VisaVerge.com
