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U.S. Department of Labor: PERM and PWD Processing Times Update (April 2026)

  • Writer: VISASUPDATE
    VISASUPDATE
  • 23 hours ago
  • 2 min read

Updated: 3 minutes ago

WASHINGTON D.C. – The Office of Foreign Labor Certification (OFLC) has released its latest performance data as of April 23, 2026. For U.S. employers and foreign professionals navigating the green card process, the data highlights continued backlogs in PERM adjudications and relatively faster movement in Prevailing Wage Determinations (PWD).

Understanding these timelines is critical for maintaining underlying non-immigrant statuses (like H-1B) and planning for the long-term permanent residency "green card" journey.

DOL PERM processing 501 days, January 2025 backlog, PWD January 2026, H-1B 365-day rule impact.
DOL PERM processing reaches 501 days; PWD at January 2026. Critical for green card and H-1B extensions.

PERM Adjudication: The 16-Month Reality

The Department of Labor (DOL) is currently facing significant wait times for the analyst review of Permanent Labor Certification (PERM) applications.

  • Analyst Review: As of April 23, the DOL is primarily adjudicating applications filed in January 2025 and earlier. Most cases from December 2024 have been completed.

  • Average Processing Time: In March 2026, the average time to process a PERM application reached 501 calendar days (roughly 16.5 months).

  • Audit Review: While specific audit dates were not listed in this update, cases flagged for audit typically add an additional 4–6 months to the standard timeline.

  • Reconsideration Appeals: The department is currently reviewing appeals filed in November 2025 and earlier.

Prevailing Wage Determinations (PWD)

The National Prevailing Wage Center (NPWC) is moving significantly faster than the PERM adjudication unit, which is vital as a PWD is the mandatory first step before any recruitment can begin.

Current Processing Status (as of April 9, 2026):

  • Standard Requests: Processing requests filed in January 2026 and earlier. This applies to both OEWS (Occupational Employment and Wage Statistics) and Non-OEWS (private surveys/collective bargaining) sources.

  • H-1B Redeterminations: Requests filed in January 2026 and earlier are under review.

  • PERM Redeterminations: Requests filed in December 2025 and earlier are being addressed.

  • Center Director Reviews: Currently conducting reviews for cases filed in January 2026 and earlier.

Impact on H-1B Extensions

These lengthy PERM processing times (now exceeding 500 days) make the "365-day rule" for H-1B extensions more critical than ever.

Under the American Competitiveness in the 21st Century Act (AC21), an H-1B holder can extend their stay beyond the 6-year limit in one-year increments if their PERM or I-140 was filed at least 365 days before the start of the 7th year. With current wait times at 501 days, employers must file the PERM application well before the end of the employee's 5th year of H-1B status to ensure continuity.

Key Summary Table

Service

Month/Year Being Processed

Average Wait Time

PERM Analyst Review

January 2025

~501 Days

PERM Appeals

November 2025

Variable

PWD Requests (H-1B/PERM)

January 2026

~3–4 Months

PWD Redeterminations

Dec 2025 / Jan 2026

~4 Months

Guidance for Employers

Given the 16-month backlog, employers are encouraged to:

  • Start Early: Initiate the PWD process at least 2 years before an employee's maximum stay expires.

  • Audit Readiness: Ensure recruitment documentation is meticulous; an audit at this stage can push the total certification time toward the two-year mark.

  • Monitor OEWS Updates: New wage data is typically released every July, which can impact PWDs currently in the queue.

For the latest updates on U.S. immigration backlogs and work permit categories, visit: visasupdate.com/blog/categories/usa (Regional European updates) or check the official DOL OFLC Performance Data page.

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