This is a question I happily answer a few times per week without fail. The answer is the same, “It’s still being processed.” The reason is Department of Labor (“DOL”) does not share micro-level processing with us even in their portal. However, we can check whether your application is close to being adjudicated.
I decided to share the steps here so that I can alleviate some of the anxiety that comes with the Labor Certification PERM process. Also, I think most people are reluctant to ask me every time they wonder what’s going on with their labor certification (which is about every 30 minutes!)
The confusion occurs because I find most people are just plugging their ETA Case Number in random places on the web (Flag.dol.gov, DOLSTAT?, etc) and not finding anything relevant or seeing that their status is “Final Review” for months on end.
There may be better ways to doing it, but here is how I determine whether DOL is going to adjudicate your PERM anytime soon.
1. Step 1 – Find Your Priority Date.
If your PERM was submitted using the DOL PLC site, your attorney or employer should have received confirmation from the DOL with a case number and the date the case was received. The following is a sample:
Re: Case Number: A-16XXX-XXXXX Received: 09/28/2020
This is a confirmation email that the ETA Form 9089 – Application for Permanent Employment Certification for XYZ IT CONSULTING CORPORATION sponsoring Peter Prabhakar for the full time position of SOFTWARE DEVELOPERS, APPLICATIONS (case number A-16XXX-XXXXX) has been received and submitted for processing.
The priority date in the example above is 9/28/2020. This date is similar to your ticket in line at the bakery. When this date becomes current, your application will likely be adjudicated. (I’m sure most of you are VERY familiar with this system as used in the monthly Visa Bulletin published by DOS.) The next step requires you to actually find out what dates are current.
2. Step 2 – Go to https://flag.dol.gov/ and click on Processing Times
3. Step 3 – Scroll down past the NPWC Information and look for PERM Processing Times
4. Step 4 – Find Analyst Review ( or Audit Review if your case has been audited)
The month and year DOL is processing is stated there. As you can see DOL is processing PERM applications submitted in June 2020. In the example above, Peter’s priority date is 09/28/2020. As per my experience, it would be safe to say that unless DOL jumps forward, it will take at least 3 more months, however this can change based upon their backlog. DOL doesn’t necessarily move day-for-day.
There it is! This is how I check whether a candidate’s perm is going to be adjudicated anytime soon. Hope it helps!
Oh and there’s a Step 5 – Pray for success and sign up for our newsletter for more helpful information on immigration!