DOL PERM and PWD Processing Times Update: February 9, 2026
The DOL is currently adjudicating PERM applications filed in September 2024, with an average processing time of 512 calendar days. PWD requests filed through November 2025 are being processed for most case types.
The Department of Labor (DOL) released updated processing times for Permanent Labor Certification (PERM) and Prevailing Wage Determination (PWD) requests as of February 9, 2026. These figures are critical benchmarks for employers and foreign nationals pursuing employment-based green cards, including EB-3 applicants.
For PERM applications, the Office of Foreign Labor Certification (OFLC) is currently adjudicating cases filed in September 2024 and earlier. The average processing time for PERM applications in January 2026 stands at 512 calendar days — approximately 17 months — reflecting the substantial backlog the agency continues to manage. Appeals for reconsideration are being reviewed for cases filed through September 2025.
Prevailing Wage Determination (PWD) processing is more current. The National Prevailing Wage Center is processing PWD requests filed in November 2025 for H-1B OEWS, H-1B Non-OEWS, and PERM OEWS cases. For PERM Non-OEWS cases, the department is processing requests filed in October 2025 and earlier. Redeterminations on appeal are being reviewed for cases filed through October 2025, and Center Director Reviews for PERM cases cover filings through August 2025.
For EB-3 applicants and their sponsoring employers, these timelines have significant practical implications. Since PERM labor certification is the required first step in the EB-3 green card process, a 512-day average processing time means employers should file as early as possible to avoid delays in the overall immigration timeline. Employers are advised to track their priority dates carefully and consult with immigration counsel regarding realistic timelines.
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.