One of the questions TGA receives most frequently from clients is:
"Why does the PERM process take so long?"
When following an EB-3 case, everyone hopes that each stage will move quickly so they can get closer to their goal of immigrating to the United States. However, once the case reaches the PERM stage, many applicants become anxious because they do not see immediate progress.
In reality, a lengthy PERM process does not mean that the case is at a standstill. On the contrary, this is the stage during which the U.S. sponsoring employer must complete several important legal requirements before the case can move forward.
So, what makes PERM one of the most time-consuming stages of the EB-3 process?
PERM Is More Than Just a Form
Many people assume that PERM simply involves filling out a form and submitting it to the appropriate government agency.
In reality, PERM is an entire process established by the U.S. Department of Labor (DOL) to verify that an employer has a legitimate need to hire a foreign worker.
Before the employer can submit Form ETA-9089, they must prepare the required documentation, complete the recruitment process in accordance with the regulations, and maintain all supporting records.
For this reason, PERM is not just a single form—it is a comprehensive stage involving numerous legal and administrative steps.
The Employer Must Complete the Required Recruitment Process
One of the most important requirements of PERM is that the U.S. sponsoring employer must conduct the recruitment process in accordance with Department of Labor regulations.
The employer must demonstrate that:
- There is a genuine hiring need.
- The required recruitment procedures have been completed.
- No qualified U.S. worker was available for the position.
This requirement is intended to protect the U.S. labor market and ensure that the EB-3 program operates as intended under U.S. law.
The recruitment process itself is one of the primary reasons why PERM requires a significant amount of time.
The Case Must Be Carefully Prepared
Once the recruitment process has been completed, the sponsoring employer and the immigration attorney will review all information and prepare Form ETA-9089.
Every detail—including employer information, job position, offered wage, and the sponsored worker's information—must be accurate and consistent throughout the case.
Careful preparation at this stage helps minimize errors and creates a solid foundation for the remaining immigration process.
The U.S. Department of Labor Needs Time to Review the Case
After ETA-9089 has been submitted, the application enters the Department of Labor's review process.
Currently, Labor Certification (LC/PERM) applications generally take approximately one year to be processed, although processing times may vary depending on the Department of Labor's workload at any given time.
If the case is selected for an Audit, additional documentation may be requested, and processing can take even longer.
A Longer PERM Process Does Not Mean the Case Has Stopped
This is one of the most common misunderstandings among applicants.
Throughout the PERM stage, the case continues to move forward according to the required legal procedures. Each step serves a specific purpose and is necessary before the application can proceed to the next phase.
Rather than focusing solely on the waiting period, it is helpful to look at each milestone that has already been completed. Receiving the PWD, completing the recruitment process, and preparing ETA-9089 are all signs that the case is progressing.
What Should Applicants Do During This Stage?
The PERM stage is also an ideal time for applicants to prepare for the next phases of the EB-3 process.
Applicants should maintain communication with their immigration consultant, provide updated documents whenever necessary, and stay informed about their case status.
Most importantly, patience is essential. A case that is prepared carefully and processed according to legal requirements provides a much stronger foundation than one that simply moves quickly.
Conclusion
A lengthy PERM process does not mean that the case has been forgotten or is no longer being processed.
This is the stage during which the U.S. sponsoring employer, the immigration attorney, and the U.S. Department of Labor work together to ensure that all legal requirements have been satisfied before the case moves forward.
Understanding the true purpose of PERM allows applicants to follow their case with greater confidence and develop a more realistic understanding of the EB-3 immigration journey.
If you are considering the EB-3 program or would like to know the current status of your case, TGA is always ready to provide transparent information and guide you throughout every stage of your immigration journey.
