PERM labor certification timeline calculator
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
- 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.
- 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.
- Choose the position type: professional positions (generally requiring a bachelor's degree or higher) need 3 additional recruitment steps.
- 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
| Item | Rule | Basis |
|---|---|---|
| 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 period | 20 CFR 656.40 |
| Mandatory recruitment | A 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 area | 20 CFR 656.17(e)(1), (e)(2) |
| Recruitment time window | Recruitment must take place at least 30 days and no more than 180 days before ETA-9089 is filed | 20 CFR 656.17(e) |
| Additional recruitment for professional positions | Choose 3 more from the 10 methods listed in the regulation; 1 of them may take place within 30 days before filing | 20 CFR 656.17(e)(1)(ii) |
| Notice of Filing | Posted 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 filing | 20 CFR 656.10(d) |
| Labor certification validity | The I-140 must be filed within 180 days of labor certification approval, or the certification expires | 20 CFR 656.30(b) |
| Record retention | The employer must keep recruitment and related documents for 5 years in case of a Department of Labor audit | 20 CFR 656.10(f) |
How the calculator computes dates
- Job order: runs for 30 days from the recruitment start date you enter.
- Earliest filing date: the regulation requires mandatory recruitment to take place at least 30 days before filing. Following a common conservative practice, the calculator takes the later of the job order end date and the second Sunday ad, then adds 30 days, as the earliest filing date.
- Latest filing date: 180 days after the first recruitment step begins. If the PWD validity period ends before that date, the calculator flags that you are also limited by the PWD validity period.
- Estimated approval date and I-140 deadline: calculated forward from the earliest filing date using the processing months you enter, then adding 180 days to get the I-140 filing deadline. This is only an estimate; an audit will lengthen it significantly.
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
- The priority date is the ETA-9089 filing date. Once the I-140 is approved, you wait in line based on this priority date.
- PERM is filed by the employer. The employer must genuinely offer the position, pay no less than the PWD wage, and bear the costs the regulations require the employer to bear.
- Our firm provides legal services only and does not provide employer resources or job matching. To pursue PERM you must already have an employer willing to sponsor you.
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
- PERM labor certification and EB-2 / EB-3 employment-based immigration
- H-1B specialty occupation work visa guide
- AC21 job change eligibility check
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.