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PERM labor certification timeline calculator

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

EB-2 (non-NIW) and EB-3 employment-based cases usually require the employer to first obtain a labor certification (PERM Labor Certification): proof to the U.S. Department of Labor (DOL) that, after the required recruitment process, no U.S. worker was found who is able, willing, qualified and available for the position. Every step of PERM has a strict time window, and being one day early or one day late can make the application invalid and require recruiting again.

Enter the prevailing wage determination (PWD) date and the date you plan to start recruiting, and the calculator lists the mandatory recruitment steps and the earliest and latest dates you can file ETA-9089; if you enter the processing time currently published by the Department of Labor, it also estimates the labor certification approval date and the I-140 filing deadline.

How to use it

  1. Enter the PWD issuance date (or expected issuance date). If you know the end of the validity period shown on the PWD, enter it too, and the calculator will check whether the latest filing date falls outside the PWD validity period.
  2. Enter the date you plan to start the first recruitment step. If left blank, the calculator defaults to 7 days after the PWD is issued.
  3. Choose the position type: professional positions (generally requiring a bachelor's degree or higher) need 3 additional recruitment steps.
  4. To estimate an approval date, enter the PERM processing time (in months) currently published on the Department of Labor's FLAG website.

Calculation rules and legal basis

ItemRuleBasis
Prevailing wage determination (PWD)Issued by the Department of Labor to set the local prevailing wage for the position. The employer must file ETA-9089 within the PWD validity period, or begin recruitment within the validity period20 CFR 656.40
Mandatory recruitmentA job order with the State Workforce Agency (SWA) for at least 30 days; two Sunday advertisements (on two different Sundays) in a newspaper of general circulation in the area20 CFR 656.17(e)(1), (e)(2)
Recruitment time windowRecruitment must take place at least 30 days and no more than 180 days before ETA-9089 is filed20 CFR 656.17(e)
Additional recruitment for professional positionsChoose 3 more from the 10 methods listed in the regulation; 1 of them may take place within 30 days before filing20 CFR 656.17(e)(1)(ii)
Notice of FilingPosted at the worksite for 10 consecutive business days (and published in the employer's in-house media as required), between 30 and 180 days before filing20 CFR 656.10(d)
Labor certification validityThe I-140 must be filed within 180 days of labor certification approval, or the certification expires20 CFR 656.30(b)
Record retentionThe employer must keep recruitment and related documents for 5 years in case of a Department of Labor audit20 CFR 656.10(f)

How the calculator computes dates

Processing times change. PWD and PERM processing times are updated regularly by the Department of Labor and have fluctuated considerably in recent years. Rely on what is currently published on the Department of Labor's FLAG processing times page, not on past rules of thumb.

Important reminders

Common questions

What happens if U.S. applicants apply during recruitment?

The employer must review every applicant in good faith. If there is a U.S. worker who meets the minimum requirements and is able and willing to take the position, the labor certification cannot be filed, and the employer usually needs to wait a while and recruit again. Recruitment results and how they were handled must be documented accurately.

The PWD has expired. Can the recruitment we already completed still be used?

It depends on whether recruitment began within the PWD validity period. The regulation allows filing within the PWD validity period, or starting recruitment within the validity period; if neither is met, you usually need to request a new PWD. Ask an attorney to check against your dates.

What happens if the labor certification is audited?

The Department of Labor will require the employer to submit recruitment records and other materials within a set deadline, and processing will take significantly longer. This is also why all recruitment records must be kept in full for 5 years.

My H-1B is approaching 6 years during PERM. What can I do?

If the PERM or I-140 has been pending for 365 days, or the I-140 is approved but the priority date is not current, you can apply for an H-1B extension beyond 6 years. You can use the H-1B / L-1 maximum stay calculator to estimate.

Related reading

Is your employer preparing to file PERM for you and you want to plan recruitment and filing dates in advance? Book an attorney review.

Results are for reference only and are not legal advice. Laws and policies may change; rely on the latest information from the U.S. Department of Labor and USCIS and an attorney's advice for your specific situation.