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If your employer-sponsored PERM case is delayed, ask your employer or its immigration counsel for the filing date, current case status, and any notices from the U.S. Department of Labor (DOL). Then assess your H-1B time and any possible extension separately: a PERM delay alone does not establish that you qualify for more H-1B time or can change jobs under green-card portability rules.
What a PERM delay does—and does not—mean
PERM, formally the permanent labor certification process, is an employer-sponsored DOL process. DOL describes its purpose as determining whether there are sufficient U.S. workers able, willing, qualified, and available for the permanent job opportunity, and whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers.
Because the employer is the filer, it is central to tracking the case and responding to DOL. A slow-moving case does not by itself show that it will be denied, and it does not decide whether you can extend H-1B status or move to a different job. Those questions depend on the case stage, filing dates, your immigration history, and the rules that apply to your situation.
How long is DOL taking to process PERM cases?
DOL’s FLAG processing page, accessed October 9, 2026, reported a snapshot dated October 5, 2026. DOL updates the data monthly and cautions that individual processing times vary with the case’s facts and circumstances.
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| PERM processing category | Queue information in the October 5, 2026 snapshot |
|---|---|
| Analyst Review | Priority date December 2025 |
| Audit Review | Priority date December 2025 |
| Reconsideration Request to the Certifying Officer | Priority date May 2026 |
| Analyst-review determinations | Average processing time of 336 calendar days for August 2026 |
A listed priority date indicates the filing month DOL is working on; it does not mean every application filed earlier has been completed. The 336-day figure is an average for analyst-review determinations in August 2026, not a forecast or deadline for an individual case. Check DOL’s live FLAG processing page for a newer snapshot.
What to ask your employer or immigration counsel
Start by asking the sponsor or its immigration counsel for the documents and dates needed to understand the case. Request clear answers to these questions:
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- What is the PERM filing date, and what priority date is recorded for the case?
- Is the application in analyst review, audit review, reconsideration, or another stage?
- Has DOL sent a notice? If so, what does it request, and who is responsible for responding?
- Who is monitoring the case and communicating with DOL?
- Is the employer continuing the sponsorship, considering withdrawal, or taking another action?
Keep copies of notices and relevant correspondence. The employer controls the PERM filing and its follow-up, so coordinate with the employer rather than assuming you can independently submit a status inquiry or appeal.
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DOL says an employer may contact the OFLC PERM Helpdesk if its filing date is more than three months before the month shown as currently under review. Compare your case’s filing date with the month on DOL’s current processing page. The queue is approximate, so a case being earlier than the listed month does not prove that something has gone wrong.
If the case meets DOL’s threshold, ask the employer to make the inquiry. The page lists oflc.plc@dol.gov and plc.atlanta@dol.gov for PERM status inquiries. An inquiry is a way to ask about status; it does not guarantee faster processing or change the merits of the application.
How to assess H-1B time if the six-year limit is approaching
Handle the H-1B timeline as a separate question from the DOL queue. USCIS guidance describes a possible route to an H-1B extension beyond six years when a qualifying labor-certification or I-140 filing was made at least 365 days before the worker would exhaust six years in H-1B status. The guidance also says the labor certification must be unexpired when the H-1B extension petition is filed.
Those conditions do not establish automatic eligibility. USCIS has said that older interim AC21 guidance is partially superseded, so the 2008 memorandum should be read cautiously alongside current USCIS policy and the worker’s complete record. Have qualified immigration counsel check:
- How much time you have spent in H-1B status and whether time outside the United States may affect the calculation.
- The filing dates and status of the labor certification and any I-140 petition.
- Whether the applicable 365-day timing condition is met.
- Whether the certification remains valid when an extension petition would be filed.
- The relevant filing timeline and any other requirements under current policy.
Do not rely on a pending PERM application alone as proof that you qualify for an extension. The outcome depends on the exact dates, documents, and applicable policy.
What a pending PERM means if you are considering a new job
A possible new H-1B petition and green-card portability are different issues. A new employer may be able to pursue H-1B sponsorship, but whether you can change jobs while maintaining status depends on your circumstances and the applicable requirements. Get individualized advice before acting.
The specific AC21 portability rule described by USCIS applies at a later stage: it concerns certain employment-based adjustment applicants with an approved immigrant petition and an adjustment-of-status application pending for at least 180 days. The new job must be in the same or a similar occupational classification, and other requirements apply. A worker whose only green-card step is a pending PERM should not infer that this portability rule permits a job change.
Before making a decision, establish which stage the case has reached—PERM pending, PERM certified, I-140 filed or approved, or I-485 pending—and have counsel assess how a move would affect both the sponsorship process and H-1B status.
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Get the actual DOL notice and have qualified immigration counsel review it promptly. The available response and any deadline depend on the notice and case posture; do not assume that a general timeline or procedure applies to your case. Ask counsel to explain what action is required, who must take it, and how the case status could affect your separate H-1B plans.
A denial or employer withdrawal can have consequences that depend on the full immigration record. The fact that DOL processes reconsideration requests does not, by itself, establish which procedure is available or what deadline applies to a particular decision. Do not miss a stated response deadline while seeking advice.
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