PERM Processing Times See Significant Backlog as of February 2025

Key Takeaways

• Prevailing Wage Determination requires submission at least 60 days before employment; processing backlogs impact H-2B, PERM, and CW-1 visas.
• As of February 2025, PERM PWD cases face backlogs with 15,590 January requests pending, processing averaging 489 calendar days.
• January H-2B filings showed 14,784 positions already certified, but seasonal surges cause cyclical workload delays into 2025.

The Office of Foreign Labor Certification (OFLC) provides vital data on the processing times for various employment-based immigration programs. As of February 2025, the information underlines trends, workloads, and timelines for key programs such as the H-2B, PERM, and CW-1 visas. These programs heavily depend on the Prevailing Wage Determination, an essential process that establishes the minimum wage employers must offer to foreign workers in compliance with U.S. labor laws. Below is a detailed breakdown of the data, its context, and implications for applicants and employers alike.

Understanding Prevailing Wage Determination and Its Role

Prevailing Wage Determination (PWD) is central to employment-based visa processes, including H-2B, PERM, and CW-1 programs. Through this, the Department of Labor (DOL) ensures that foreign workers receive wages similar to U.S. workers in comparable roles, thereby protecting domestic labor markets. Employers must obtain PWD before progressing with applications for a temporary or permanent labor certification.

OFLC’s processing timelines for PWD confirm current backlogs while also reflecting workload variations across filing categories. Employers are recommended to request these determinations at least 60 days before the intended employment start date, ensuring compliance with program norms and reducing potential delays.

PWD Processing Timelines by Program (As of February 2025)

Processing times vary significantly depending on the visa type and submission method, showing fluctuations in demand and available resources.

H-2B Visa

• Current Status: For H-2B applications requiring PWD, the processing queue reached January 2025.
• Remaining Workload: For applications submitted in January 2025, 467 cases remain unprocessed.
  The H-2B program is for temporary, non-agricultural workers to meet seasonal or peak demand in industries such as landscaping or hospitality. Timely PWD is critical because delays could affect employers needing to meet tight recruitment timelines.

PERM (Program Electronic Review Management)

• Current Status: PWD assignments for PERM applications are also at July 2024 for receipt dates.
• Remaining Workload: As per the detailed data, July 2024 submissions alone count 6,776 pending requests, and the numbers swell as recent months (January 2025) show 15,590 unresolved requests.
  PERM is a widespread process for employment-based permanent residency in the U.S., largely applicable to high-skilled, long-term roles. The backlog illustrates significant demand and systemic delays requiring updated policies to accelerate adjudication timelines.

H-1B Visa

• Current Status: Processing is set at July 2024 for both OEWS (Occupational Employment and Wage Statistics) and Non-OEWS methods.
• Remaining Workload: Nearly 100 cases are still pending from July 2024 applications, with volumes gradually increasing to 289 for January 2025.
  Used for specialized knowledge workers, the data highlights how demand for prevailing wage services from employers sponsoring H-1B visas correlates with economic trends in industries like technology and healthcare.

CW-1 Visa

• Current Status: Cases for CW-1 are being processed for December 2024 PWD submissions.
• Remaining Volume: While only 7 cases from December remain unprocessed, January 2025 submissions show 185 pending requests, marking a surge in recent months.
  This visa program, tailored for employers in the Commonwealth of the Northern Mariana Islands (CNMI), experienced slower PWD adjudication compared to other programs.

Case-by-Case Processing Loads and Trends

H-2B Workflows and Seasonal Challenges

Applications tied to the first half of the FY 2025 visa cap reveal that the program has consistently high submission rates, evident in the large number of positions requested. For example:

• Over 51,000 jobs were filed in July 2024, all receiving decisions.
• Applications submitted in January 2025 show a marked reduction (71 cases filed).

Employers typically apply en masse in high-demand periods, creating a cyclical workload challenge. The second half of FY 2025 projections post-January show a massive uptick, with tens of thousands of requests submitted by early January alone.

Among noteworthy trends:

• 14,784 positions were certified post-January 2025 filings (Group A approvals).
• Groups B through G for January remain under review, likely extending further workloads into 2025.

PERM System Bottlenecks

PERM cases display a consistently high backlog. With 13,119 unresolved requests from December 2024 and 15,590 for January 2025, the process highlights systemic challenges in adjudication.

• Analyst Review: Currently processing submissions filed as far back as October 2023, averaged at 489 calendar days.
• Reconsideration Requests: Priority dates under review are now at July 2024, trailing behind further queue peaks.

The timeline for each step, especially around applications requiring extensive documentation (e.g., employer petitions), leaves some employers—and foreign workers—waiting significantly longer than anticipated.

Analysis of Other Visa Categories

The CW-1 visa program shows progress, with December 2024 filings mostly completed, except for 57 pending cases. By January 2025, requests quadrupled to 113, signaling heightened employer demand as workforce needs grow in the CNMI.

Meanwhile, in the H-2A visa program, initial case activity demonstrates improvements:

• Timely Approvals: From Jan 26 to Feb 1, all 834 cases received initial decisions, reaching a 100% issuance rate.
• However, by Feb 2-8, issuance fell drastically to 56%, with under half of 796 cases resolved.

The efficiency challenges uncovered here may reflect broader resource constraints or fluctuations in employer preparedness.

Implications for Stakeholders

Employers, immigration attorneys, and workers must navigate delays in prevailing wage determinations by preemptively submitting materials and continuing tailored workforce planning. Programs affected by higher processing times (like PERM and H-2B) underline the growing need for streamlined systems and resources within OFLC.

For the H-2B visa, critical industries dependent on temporary labor must contend with the variability in seasonal visa caps. For PERM, applicants face long waits during Analyst Review or Reconsideration Request cycles, leading to disruptions for workers on expiring visas needing extensions or adjustments.

Key Operational Takeaways

1. Long Processing Backlogs: Current OFLC data highlights significant inefficiencies in enabling timely PWD and visa adjudication. Seasonal filings and resource mismatches likely contribute.
2. Demand-Specific Trends: Programs like PERM and H-2B are overrepresented in processing queues, with increased workloads extending average review times.
3. Practical Considerations: Employers must anticipate delays, including building extended timelines into hiring or visa extension strategies.

VisaVerge.com’s analysis emphasizes that understanding timelines is essential for all parties to mitigate disruptions and ensure compliance. For more information on processing timelines and updates, employers can visit the official OFLC processing time page.

Moving Forward

With nearly every program experiencing heightened case volumes or delays, streamlining PWD and certification workflows remains crucial for OFLC. Legislative action, technological improvements, and resource allocation may shape the future of immigration policy administration. For now, employers and workers must carefully time applications and adhere to OFLC guidelines to minimize adverse impacts on recruitment and operational needs.

Learn Today

Prevailing Wage Determination (PWD) → A process establishing minimum wages employers must offer foreign workers, ensuring compliance with U.S. labor laws.
PERM (Program Electronic Review Management) → A system for employment-based permanent residency applications, requiring extensive documentation and wage determinations.
H-2B Visa → A temporary visa program for non-agricultural workers in seasonal or peak-demand industries like hospitality or landscaping.
CW-1 Visa → A visa program for workers in the Commonwealth of the Northern Mariana Islands, addressing specific regional labor needs.
Analyst Review → A detailed examination of visa applications by OFLC reviewers, often causing delays due to high workload and documentation requirements.

This Article in a Nutshell

Prevailing Wage Determination (PWD) is vital for U.S. employment visa programs like H-2B and PERM, ensuring fair wages for foreign workers. OFLC’s February 2025 data shows significant delays, with months-long backlogs impacting employers and workers. To avoid disruptions, early submissions and proactive planning are essential amidst increasing demand and systemic inefficiencies.
> — By VisaVerge.com

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