Employers are now experiencing 13-month processing times for PERM applications (form ETA 9089), which is the first stage of most employer-sponsored green card processes. Is it because the Department of Labor (DOL) has not been able to catch up from the pandemic backlog, or is it something else? Either way, employers need to consider the processing times and plan accordingly until processing times improve.

According to data published by the DOL, 158,987 PERM applications were filed in FY2023, as compared to the 113,014 filed in FY2019. This increase could be due to several factors, including an increase in demand for immigrant visas and lack of alternative pathways to permanent residency, the change in administration in 2020, or the shifting attitudes toward retaining foreign talent, particularly in STEM and AI occupations.