2026 DOL PERM Processing Times and Their Impact on EB-3 Green Card Journey
As of March 2026, DOL PERM labor certification processing takes several months, affecting EB-2 and EB-3 Green Card timelines. PERM is a mandatory first step confirming no qualified U.S. workers are available for the position.
The Department of Labor's PERM labor certification process remains a critical and time-consuming step for many employment-based Green Card applicants, including those pursuing EB-3 visas for skilled workers, professionals, and unskilled workers. As of March 2026, processing times span several months, which can significantly affect overall immigration timelines.
PERM labor certification is a mandatory prerequisite for most EB-2 and EB-3 Green Card categories. The process requires employers to demonstrate that no qualified U.S. workers are available for the offered position, involving recruitment efforts, prevailing wage determinations, and analyst reviews by the Department of Labor.
In addition to standard PERM processing, prevailing wage determinations and analyst reviews each carry their own processing timelines. These stacked processing periods mean applicants and employers must plan well in advance, as delays at the DOL stage push back subsequent USCIS petition filings and visa availability steps.
For EB-3 applicants, understanding current PERM processing times is essential for managing expectations around Green Card timelines. Employers sponsoring foreign workers should initiate the PERM process as early as possible to minimize delays, particularly given the already lengthy backlogs in the EB-3 preference category for certain countries.
Applicants are advised to work closely with qualified immigration counsel to monitor DOL processing updates, ensure compliance with recruitment requirements, and strategically time their filings to align with favorable Visa Bulletin cut-off dates.
DOL's March 27, 2026 proposed rule would significantly raise prevailing wage levels for H-1B, EB-2, and EB-3 sponsorship, increasing requirements by 21-33% across all wage tiers and effectively eliminating current Level I sponsorship.
The DOL proposed on March 26, 2026 to significantly raise prevailing wage levels for H-1B, PERM, EB-2, and EB-3 sponsorships by shifting each of the four wage tiers upward in the BLS wage distribution, potentially increasing average certified wages by ~$14,000 per worker annually.
The Department of Labor proposes raising prevailing wage benchmarks for EB-2, EB-3 PERM, and H-1B programs, anchoring Level I at the 34th percentile and Level IV at the 88th percentile of OEWS data.