Understanding Department of Labor Processing Times: What You Need to Know
- Yasemin Degirmenci
- Sep 23, 2024
- 6 min read
We see you—waiting for approvals can be stressful, whether you’re an employer eager to hire the talent you need or a foreign worker anxious to start your new chapter in the U.S. These processing times are more than just numbers; they directly impact your plans, your career, and your peace of mind. There is a great chance that you are feeling the overwhelming aura of waiting.
That's why we're here to break it down for you, offering a clear and thorough overview of what to expect, what might cause delays, and what you can do if things take longer than you expect. This article provides a detailed overview of DOL processing times, focusing on the current timelines, factors that affect these times, and what you can do if your case is delayed. Let’s jump right in and see what awaits you!
What Are the Processing Times for the Department of Labor?
The time it takes the Department of Labor (DOL) to examine and decide on different requests and applications pertaining to employment is referred to as the DOL's processing times. These processing times are important because they indicate how long it will take an application to go through all of the required bureaucratic steps, which is important information for both employers and foreign workers. The following are the most typical application types:
PERM (Permanent Labor Certification):
Purpose: Employers in the United States who want to hire foreign nationals for long-term positions must go through the PERM process. The employer must demonstrate that there are no suitable American candidates for the position and that using a foreign worker won't have a detrimental effect on American workers' pay or working conditions.
Process: The employer must go through a rigorous recruitment process, followed by filing ETA Form 9089 with the DOL. Once the application is submitted, it goes through a series of checks and possibly an audit before approval.
For a detailed guide on the PERM process, visit the U.S. Department of Labor’s Employment and Training Administration (ETA) website.
H-2A and H-2B Visa Applications:
H-2A Visa (Temporary Agricultural Workers)
Employers in the United States are permitted to hire foreign nationals for short-term agricultural positions with this visa. These are part-time jobs that usually don't last a full year.
H-2B Visa (Temporary Non-Agricultural Workers)
Employers are able to hire foreign nationals for short-term, non-agricultural positions with this visa. It is frequently utilized in sectors including construction, landscaping, and hospitality.
Process: Employers must first obtain a temporary labor certification from the DOL before petitioning for the visa with U.S. Citizenship and Immigration Services (USCIS).
Prevailing Wage Determinations (PWD):
Purpose: The PWD is essential for determining the minimum wage an employer must offer to foreign workers to ensure that their employment does not adversely affect the wages of U.S. workers. The determination is a critical step in the PERM process, as well as in certain H-1B, H-2B, and E-3 visa petitions. Don't forget to check our blog if you'd like to get further information on H-1B visas and more!
Process: Employers submit ETA Form 9141 to the DOL’s National Prevailing Wage Center (NPWC) for review. The NPWC then provides the prevailing wage based on the job's location, duties, and requirements.
Detailed information about prevailing wage determinations can be found on the DOL’s Wage and Hour Division website.
Current Processing Times
The processing times for different types of applications can vary, and they are updated regularly by the DOL. Here are the current processing times as of September 2024:
PERM Processing Time
Regular Processing: The current processing time for PERM applications is approximately 7-8 months. This includes the entire process from submission to approval, assuming no audits or requests for additional information are issued.
Audit Review: If a PERM application is selected for an audit, the processing time extends to about 12 months. Audits are randomly selected and involve a more detailed review of the employer’s recruitment efforts and the job offer.
Prevailing Wage Determinations (PWD)
Current Timeframe: As of now, prevailing wage determinations are taking about 5-6 months to process. This timeframe may vary depending on the complexity of the job description and the geographic area. You can check the current processing times for PWDs on the DOL’s official website.
H-2A Visa Applications
Processing Time: These applications are typically processed within 60-75 days of filing, provided all requirements are met and no additional information is requested. Otherwise, there might be certain delays.
H-2B Visa Applications
Processing Time: Similar to H-2A, H-2B applications are processed within 60-100 days. However, processing times may vary based on the volume of applications and the specifics of the job. Don’t forget to check the latest H-2B processing times on the DOL’s website.
Factors Affecting DOL Processing Times
Several factors can influence how long it takes for the DOL to process your application:
The Number of Applications Received
Every month, the DOL gets thousands of applications. Longer processing times may occur when application volumes are large. This is especially typical in the busiest filing seasons.
On its performance page, the DOL posts the most recent estimates of processing times based on application volume, which are updated on a regular basis.
Application Completeness
Applications that are erroneous or incomplete frequently result in delays. Processing times may increase if the DOL issues an audit or a request for more information.
To prevent needless delays, make sure that all necessary paperwork and information are sent at the time of submission.
Audit Reviews
The DOL will undertake a more thorough review if your application is chosen for audit, which could considerably lengthen the processing time. Although audits are chosen at random, there are some things that can make them more likely to happen, like inconsistencies in the application.
You can find information on audit procedures and how they affect processing times on the DOL website.
Economic and Legislative Changes
Changes in immigration laws, economic conditions, or DOL policies can also impact processing times. For example, new regulations may require additional review steps, leading to delays.
Stay updated on any legislative changes that may affect processing times by checking the DOL’s news updates.
What to Do If Your Case Is Delayed
If your application is taking longer than expected, consider the following steps:
Check Current Processing Times:
Regularly check the DOL’s official website for the latest processing times specific to your application type. This will give you a clear idea of whether your case is within the normal timeframe.
Contact the DOL:
If your case has exceeded the standard processing time, you can contact the DOL for a status update. Be sure to have your case number and other relevant details on hand.
Seek Legal Advice:
If you are unsure about the status of your application or if you believe your case has been unduly delayed, it may be beneficial to consult with an immigration attorney. An attorney can provide guidance and potentially expedite the process by addressing any legal concerns.
Be sure to choose an attorney experienced in labor certification and immigration processes to ensure you receive the best possible advice. If you are unsure of how to do it, we have a comprehensive guide on Finding the Best Social Security Attorney Near You, definitely check it out!
By understanding the factors that affect Department of Labor processing times and knowing how to respond if your case is delayed, you can navigate the process more effectively. Always refer to official sources for the most accurate and up-to-date information.
FAQ: Department of Labor Processing Times
How can I check the status of my PERM application?
You can check the status of your PERM application through the DOL’s iCERT Visa Portal System by entering your case number. You can also visit the US Department of Labor's Case Status Research website for real-time updates on your application status.
What happens if my PERM application is selected for audit?
If your application is selected for audit, the processing time will increase, often extending to 12 months or more. The DOL will send you a notice with instructions on how to proceed and what additional documentation may be required.
Can I expedite my PERM application?
Unfortunately, the DOL does not offer expedited processing for PERM applications. However, submitting a complete and accurate application from the start can help avoid unnecessary delays.
What is a Prevailing Wage Determination (PWD), and how long does it take?
A Prevailing Wage Determination (PWD) is used to establish the minimum wage that must be paid to foreign workers. The current processing time for a PWD is approximately 5-6 months.
Are there any fees associated with checking the processing times?
No, there are no fees associated with checking processing times on the DOL’s official website. You can access the latest information for free here.
We are aware that waiting can be difficult, particularly when a significant portion of your process is dependent on these choices. But you're already ahead of the game because you're proactive and knowledgeable. Recall that you are not alone in this process; knowing the Department of Labor's processing times can help you manage expectations and make future plans, whether you are a foreign worker or an employer. Remain patient, keep an eye on those updates, and have faith that you're making progress toward your objectives. We are here to guide you through the journey if you ever need it. Feel free to share your story with us!
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