Green Card Applications: What Foreign Workers Must Know About PERM Delays

For H-1B visa holders, getting a green card usually requires sponsorship from a US employer. The first and most common step in this process is called PERM labour certification. This certification allows a US employer to hire a foreign worker permanently, provided no qualified American worker is available for that job.

Before moving forward with an immigration petition to USCIS, employers must secure an approved labour certification from the Department of Labour (DOL).

Current Status of PERM Applications

According to the DOL’s latest update, there are significant delays in PERM processing.

• As of July 1, 2025, the department was still reviewing applications filed as far back as March 2024.
• Requests for reconsideration were only being looked at for cases appealed in May 2025 or earlier.

These delays have left many workers and employers waiting much longer than expected for decisions.

Average PERM Processing Times

The Office of Foreign Labour Certification (OFLC) reports average processing times each month. However, these are only estimates. Actual timelines vary depending on the employer, the job role, and the details of the case.

Many applicants have seen their cases delayed or even denied, creating more uncertainty for workers hoping to transition from H-1B visas to permanent residency.

Prevailing Wage Determination (PWD) Delays

Another area facing delays is the Prevailing Wage Determination (PWD) process. This step ensures that foreign workers are paid wages similar to American workers in comparable roles.

As of August 1, 2025, the DOL was still reviewing wage requests submitted months earlier. Employers are advised to apply for PWD at least 60 days before they actually need it, especially for temporary worker programs like H-2B.

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Why the Certification is Important

The DOL must confirm that hiring a foreign worker will not hurt opportunities, wages, or working conditions of US workers. Only after this certification can an employer move ahead with USCIS to seek permanent residency for the employee.

This safeguard aims to balance the demand for skilled foreign workers with the protection of the domestic workforce.

Conclusion

The latest DOL update shows that both PERM and prevailing wage determinations are facing long delays, adding uncertainty for H-1B workers and employers. Since the PERM process is a critical first step toward getting a green card, applicants should expect longer wait times and plan accordingly. Employers, too, must prepare well in advance to meet timelines and avoid disruptions in hiring foreign talent.

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