PERM Processing Times Are Improving/PERM申请审核时间加快

As some of our clients have experienced first-hand, PERM labor certification processing times have greatly improved during 2011. The U.S. Department of Labor (DOL) is making a concerted effort to reduce their backlog in the processing of PERMs, and the results are showing. This may be the right time for some of those considering filing for PERM to try to take advantage of these improvements.


Since the initiation of PERM, processing times have occasionally met the stated goals of 45 to 60 days. However, in the last few years PERM processing has regularly taken eight to ten months, or even longer. Lengthly PERM processing can lead to myriad problems, such as “aging out” for children or otherwise losing status. However, after DOL’s efforts in the last few months, PERM processing times at the present moment are, essentially, current.


We don’t know how long DOL can keep this up. PERM filings that are not being audited are being approved well within the 45 to 60 day PERM processing goals. In many instances, the PERM cases are processed to approval by the DOL in a matter of weeks or even days. While preparation of PERM cases remains just as arduous as always, this relatively quick processing time at DOL makes this an attractive time for employers to move forward with PERM filings.


Audited PERM cases remain woefully delayed. In stark contrast to standard processing, audited cases are still backlogged for two years, give or take. Currently, DOL is processing audited PERM cases with a priority date of January 2009. The high administrative burden of auditing PERM cases, combined with tight budgeting across the federal government for the foreseeable future, means that DOL is unlikely to resolve this delay. Processing of PERM appeals is similarly backlogged by two and a half years. Thus, for PERMs that go wrong, the time costs remain heavy.

被audit案件审核时间仍严重的滞迟。与普通申请时间相比,audit的申请积压大概2年时间。目前DOL正在处理优先日期为2009年1月的audit 申请。而现时DOL面临audit PERM的行政负担以及联邦政府对于可预见未来内的预算紧缩,这也意味着DOL在短期内无法解决此问题。因此,对于那些在申请过程中有偏差的PERM,将 承担沉重的时间后果。

This underscores the importance of using an attorney for your PERM cases to minimize delay. A certain percentage of PERM cases are audited randomly. These random audits are impossible to avoid. However, the majority of audits are avoidable. Remember that there is a very specific way to conduct PERM recruitment. Cutting corners or deviating in the slightest way from your attorney’s advice in preparing for PERM recruitment and filing could easily run afoul of the regulations, leading to an audit or an outright denial. Since audits and appeals are taking so long, many employers in such as situation have no choice but to re-start the PERM process, at considerable expense.

这突出了在准备PERM申请过程中雇佣专业律师以尽量减少延误的重要性。部分的PERM申请被随机抽查进行audit. 尽管随机抽查的audit不可能避免,但大部分的audit还是可以避免的。PERM申请的招聘过程需遵循特定的程序。如果没有严格按规定进行或丝毫偏离法规,那么会很容易引致audit或申请直接被否决。无论audit还是申请上诉都将非常耗时,而在此情况下,很多雇主都不得不选择宁愿花费一大笔钱来重新递交PERM申请。这突出了在准备PERM申请过程中雇佣专业律师以尽量减少延误的重要性。

If you decide to take advantage of this unique time to file for PERM, please be sure to work closely with your attorney to make an audit as unlikely as possible.


David Wallace is a graduate of the George Washington University Law School and Elliot School of International Affairs, and is a member of the Virginia Bar. He is formerly of the Beijing University Jade Bird Group, a Chinese high-tech investment group. He is also a former teacher with Shanghai High School, International Division. In addition, he has worked on trade remedy and WTO issues with the Foreign Commercial Service at the United States Embassy in Beijing. His practice focuses business immigration, education, and advising on issues in Chinese-American business cooperation. 华家伟律师毕业于乔治华盛顿大学国际关系学院和法学院,并是弗吉尼亚州律师协会成员。华律师早年受雇于著名的上海中学国际部和北京大学的北大青鸟高科技投资集团。此外,华律师曾服务于美国驻北京总领事馆商务处处理贸易救济和世纪贸易组织案例。华律师专长处理留学及商务移民方面的相关申请以及中美商业合作问题。


本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1,L-1,EB-1,EB-2,NIW,劳工卡,绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理,我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集,欢迎读者流览查询。 (Chinese) (English)

CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP.370 E. Glenarm St., Pasadena , CA 91106Tel: 626-799-3999 Fax: 626-799-9966

MARYLAND : Fan, Fitzpatrick & Thompson, LLP.843 Quince Orchard Blvd. Suite I (“eye”) Gaithersburg, MD 20878Tel: 301-330-6903Fax: 301-330-6904

Comments are closed.