PERM Processing Times See Significant Backlog as of February 2025

Key Takeaways

• PERM applications face severe delays, with Analyst Review for cases filed as of September 2023 averaging 489 calendar days.
• H-2B visa applications filed in January 2025 have a 31% Notice of Acceptance issuance rate, highlighting seasonal backlog challenges.
• Employers should file PWD applications 60 days early to mitigate delays affecting timely hiring across visa programs like H-1B and CW-1.

The processing timelines for various visa and employment-related immigration programs—including PERM, H-1B, H-2B, and CW-1 visas—play a crucial role in planning for both employers and applicants. As of February 2025, updated data from the Office of Foreign Labor Certification (OFLC) provides valuable insights into current processing times for these applications. This detailed overview explains the timelines, identifies key trends, and discusses the potential implications for stakeholders.

Overview of Prevailing Wage Determination Timelines

The prevailing wage determination (PWD) process serves as the foundation of many employment-based immigration programs in the United States. It determines the appropriate wages employers must offer foreign workers while ensuring fairness in the U.S. labor market. The processing queues for PWD requests as of February 1, 2025, reflect variability based on visa type:

• H-1B (July 2024 receipt date): These requests involve hiring highly skilled workers, and processing times as of now apply to applications submitted through July 2024. Given their wide usage in industries like IT and healthcare, ensuring timely determinations remains vital.
• H-2B (January 2025 receipt date): The H-2B program, designed for temporary non-agricultural work, shows faster determination processing compared to H-1B and PERM cases, likely due to seasonal workforce demands.
• PERM (July 2024 receipt date): While significant delays have been noted in PERM processing, its role in securing permanent residency for workers makes its smooth functioning imperative for both workers and employers.

The timelines reflect broader systemic challenges, including application volumes and case complexities. Notably, employers are advised to apply at least 60 days before needing a PWD, a recommendation driven by processing delays that can impact hiring schedules.

PERM Processing: Substantial Backlogs Persist

PERM, which is essential for foreign workers seeking permanent residency, continues to face extended delays. As of February 2025, the current processing situation reveals the following:

• Applications currently under Analyst Review were submitted in September 2023, reflecting an average processing time of 489 calendar days.
• Reconsideration requests submitted to the Certifying Officer (CO) are being reviewed for cases filed in July 2024.
• Audits are not being reviewed actively, as no dates or processing times have been reported.

Of concern is the significant backlog within PERM applications filed throughout mid to late 2024. As of January 2025, 15,590 cases from that month remain unprocessed, alongside tens of thousands of remaining requests from prior months (e.g., 13,119 for December 2024). This backlog can severely delay the pathway for foreign workers to gain lawful permanent residence.

Such congestion reflects systemic issues, including a rise in filing volumes or staff shortages within OFLC. Employers needing swift hiring resolutions may feel the need to explore alternatives, such as H-1B or H-2B visas, depending on the type of skill or workforce required.

Processing Trends for H-1B Visa Applications

The H-1B visa, central to filling positions in specialized occupations, displays slightly varying patterns in its processing timelines:

• Prevailing wage determinations for H-1B employer applications submitted in July 2024 are the most current ones being processed.
• However, redeterminations for these applications, used for resolving disputes over PWDs, are under review for requests submitted as recently as November 2024.

The number of H-1B applications pending review for each month has climbed steadily over the past year:
– As of January 2025, there are 289 unprocessed H-1B applications compared to 205 in December 2024 and 204 applications from August 2024.

These growing backlogs could mean longer waits in the future, potentially limiting employers’ ability to meet short-term hiring needs. As sectors like tech and engineering continue to recover post-pandemic, streamlining the H-1B process will remain a top priority.

H-2B Visa: Trends in Seasonal Non-Agricultural Worker Applications

The H-2B program addresses the needs of non-agricultural sectors where seasonal demand exceeds what can be fulfilled by the U.S. workforce. The processing statuses for H-2B cases relative to requested start dates reveal several interesting statistics:

• For workers required between October 1, 2024, and March 31, 2025, over 5,850 cases involving 108,575 workers have reached final decision. A large majority of these were approved successfully.
• In contrast, applications filed in January 2025 show comparatively low movement, with only 31% of cases (22 out of 71) issued their first notices of acceptance (NOA).

This lag in issuance stems from increased caseloads, as seasonal work demand typically surges in early months of the year. Employers aiming to hire in time for seasonal peaks (particularly retail, hospitality, and construction projects) often face challenges when processing delays disrupt hiring schedules.

OFLC has also reiterated the need to file applications well prior to a program’s anticipated start date. For example, delays in initial notice issuance—as seen in the January 2025 application group—underscore why timely case filings remain integral for seasonal hiring strategies.

CW-1 Visa Processing: Higher Approval Rates for Renewal Requests

The CW-1 program, tailored to the Northern Mariana Islands, represents a more localized solution for meeting foreign labor demands. Current data reveals:

• Applications for new CW-1 visas (for workers without previous CW-1 status) had a 92.4% approval rate in January 2025, with fewer total approvals compared to renewal requests.
• Conversely, renewal requests had a higher approval success rate (98.6%) with fewer cases pending in post-NOA phases.

While modest in volume overall, the CW-1 system offers quicker resolution than broader programs like H-2B or PERM. Its efficiency reflects its narrower geographic and industrial reach. However, with only 307 approvals completed out of nearly 2,600 positions requested in January 2025, achieving faster turnarounds is still a priority within the system.

Strategic Implications and Recommendations

The current processing timelines carry significant implications for both employers and foreign workers:

1. For Employers:
   • Chronic delays in PERM adjudications necessitate planning well in advance for permanent staffing needs. Filing PWD applications early helps avoid bottlenecks.
   • Employers relying on H-2B workers for seasonal demands must account for extended waiting times when hiring for the first half of the fiscal year. Submitting applications at least 60 days ahead is crucial to minimize disruptions.
2. For Workers:
   • Delays in PERM processing may disrupt long-term career plans for workers seeking permanent residency status via employment sponsorships. As reported by VisaVerge.com, misaligned visa timelines can create uncertainties for career progression, particularly for high-skilled workers.
3. Policy Considerations:
   • Legislative or administrative solutions to reduce backlogs may become essential as demand grows across industries. For example, increasing resources allocated to OFLC staffing could directly diminish processing delays.

For up-to-date guidelines on how to file for specific applications, the official OFLC website provides detailed instructions here.

Conclusion

The intricate nature of processing times for programs such as PERM, H-1B, H-2B, and CW-1 reveals the challenges inherent to a system tasked with balancing U.S. labor market needs against immigrant workforce ambitions. While the February 2025 data highlights continued backlogs and rising case volumes, taking proactive measures—such as earlier filing and contingency planning—can help navigate these hurdles more effectively. Both employers and applicants must remain adaptable while policymakers explore avenues to make these systems more efficient for all parties. Through transparent reporting and ongoing updates, stakeholders stand better equipped to navigate the complexities of employment-based immigration and its critical role in shaping labor opportunities in the United States.

Learn Today

Prevailing Wage Determination (PWD) → A process to determine the minimum wage employers must pay foreign workers for fairness in the U.S. labor market.
PERM → A program enabling employers to sponsor foreign workers for permanent residency by proving no qualified U.S. workers are available.
H-1B Visa → A visa for highly skilled foreign workers in specialty occupations, commonly used in industries like technology and healthcare.
H-2B Visa → A visa program allowing temporary non-agricultural foreign workers to fill seasonal needs when U.S. workers are unavailable.
CW-1 Visa → A visa specific to the Northern Mariana Islands for hiring foreign workers to meet localized labor demands.

This Article in a Nutshell

Visa processing delays significantly impact employers and applicants. As of February 2025, PERM applications face 489-day backlogs, while H-1B and H-2B programs show gradual slowdowns. Early planning is critical: employers should file PWDs 60 days ahead. Streamlining these systems is essential as immigration policies shape the U.S. labor market’s future.
— By VisaVerge.com

Read more:
• Canada Sets 2025 Quotas for International Experience Canada Work Permits
• Canada Study Permit Allocation by Province for 2025
• Canada 2025 Study Permit Allocations & Changes Explained
• Canada’s 2025 Study Permit Cap: Key Details
• 540-Day Permanent Automatic Extension for Employment Authorization Documents Started by DHS