How to check the status of your PERM work permit in the US

If you are hiring a potential foreign employee, obtaining Permanent Labor Certification (PERM) approval from the U.S. Department of Labor (DOL) is a mandatory step before proceeding with further procedures.

However, the PERM approval process often takes months, causing anxiety and waiting for both businesses and applicants. The good news is that during this time, you can proactively check the status of your PERM application to stay informed about the processing progress. This not only helps businesses better manage their staffing plans but also reduces pressure on waiting employees.

This article will provide detailed instructions on how to check your PERM records, from online searches to contacting the relevant authorities directly, helping you save time and be more proactive in the recruitment process.

Part 1: How to check the processing progress of your PERM application from the U.S. Department of Labor

Step 1: How to check the processing time for your PERM application.

While waiting for your PERM (Permanent Labor Certification) application to be processed, you can check the progress yourself through the official website of the U.S. Department of Labor. The process is very simple:

• Access the website flag.dol.gov.

• Select the "Processing Times" option. This information is updated once a month.

• Find the entry “PERM” in the Processing Queue column.

• Observe the Request Date column. This is the month and year the Department of Labour is processing the application.

  • For example: If it displays January 2017 , it means that applications submitted in January 2017 are being processed. If you submitted in March 2017, your application is still pending.

• Monitor your progress monthly to understand the processing speed and estimate how long your application will be reviewed.

Regular checks help you proactively plan and avoid unnecessary anxiety while waiting.

Step 2: How to check the PERM application submission date

To check the processing status of your PERM (Permanent Labor Certification) application, you need to verify the exact application date as follows:

• If applying online:

  • Log in to the Permanent Case Management System at www.plc.doleta.gov.

  • Please review your application filing date .

  • If the Department of Labour has processed your application months after your submission date , please contact the National Processing Center (NPC) immediately to update your status.

• If submitting a paper application:

  • Contact the National Processing Center (NPC) directly to request an update.

  • The staff here will confirm the status and let you know what stage your application is at.

Tracking your application submission date is crucial, as it helps you determine whether your application is on the waiting list or may have experienced unexpected delays.

Step 3: Contact the National Processing Center (NPC) directly.

If you would like more information about the status of your PERM (Permanent Labor Certification) application, you can call the NPC Help Desk directly at 404-893-0101 . When contacting them, please have the following information ready:

• Full name (matching the submitted application).

• The filing date is provided so that staff can look up the information accurately.

During the call, you can:

• Ask if your application is missing any documents or information.

• Request to update application status.

• Please provide instructions on the next steps to take.

Calling the NPC directly not only gives you more peace of mind about the status of your application, but also avoids the risk of your application being delayed due to missing information.

Part 2: Perm Rejected: Steps to Take in 30 Days

Step 1: What to do when your PERM application is rejected

If your PERM (Permanent Labor Certification) application is denied, you only have 30 days to make a decision. Failure to act within this timeframe will result in a final denial. It is crucial that you consult with an immigration lawyer immediately to determine the appropriate course of action. Common options include:

• Request for reconsideration:

  • Submit a request to the Certifying Officer to review the decision.

  • Suitable if you have additional evidence to support your application.

  • The request letter should clearly state the phrase "reconsideration" .

• Request for Review by the BALCA board:

  • You can request a review from the Board of Alien Labor Certification Appeals (BALCA) from the outset by including the phrase “request for review” in your letter.

  • If your request for “reconsideration” is denied, your appeal will automatically be forwarded to BALCA.

• Resubmit the new PERM application:

  • In practice, BALCA rarely changes its decision to reject an application. Therefore, many businesses choose to resubmit their application .

  • However, in most cases, the recruitment campaign will have to be repeated (unless the application is rejected immediately after submission).

  • When submitting a new application, you must demonstrate that there are no qualified and available American workers for the position , and ensure that granting PERM does not negatively impact the American labor market.

The choice of which path to take will depend on the specific circumstances of your case. Therefore, consulting with an experienced immigration lawyer is a necessary step to increase your chances of success.

Step 2: Complete Form I-140 after PERM approval.

Once your PERM (Permanent Labor Certification) application has been approved, the next step is to submit Form I-140 – Immigrant Petition for Alien Worker . This is the official application to sponsor a foreign worker for a green card.

• Deadline for submission: You have 180 days from the date you receive your PERM to complete and submit Form I-140 to USCIS (United States Citizenship and Immigration Services) .

• Preparation method:

  • Download the application form and instructions directly from the USCIS website.

  • Prepare all necessary supporting documents, including the approved PERM certificate, employee information, and proof of the company's financial capacity.

• Purpose: Form I-140 confirms that the business needs to hire foreign workers and that these individuals meet the qualifications required for the job.

Completing Form I-140 on time and accurately is a crucial step in ensuring a smooth green card application process.

Step 3: Submit all required documents, including Form I-140.

When submitting Form I-140 – Immigrant Petition for Alien Worker , you need to prepare and send all the required documents for USCIS to accept it:

• Documents required:

  • The original ETA Form 9089 has been certified (PERM labor certificate issued by the Ministry of Labour).

  • Other documents as required in USCIS guidelines, such as academic degrees, work experience, and proof of the business's financial capacity.

• Application fee:

  • The current fee is $700 USD (as of May 2017; please check the latest fee on the USCIS website).

  • Payment can be made by check or money order , clearly marked “US Department of Homeland Security.”

  • Never use abbreviations like “DHS” or “USDHS.”

• Application submission address:

  • Contact the USCIS National Customer Service Center at 1-800-375-5283 for guidance on the correct filing location for your specific case.

Having all the necessary documents prepared and submitting them correctly will help ensure your I-140 application is processed quickly, avoiding rejections or delays.

References

1. http://www.klaskolaw.com/article/assessing-options-after-the-labor-certification-denials-realistically-assessing-chances-upon-reconsideration-and-appeal/
2. https://www.uscis.gov/i-140

Translated by: Rene Lee Nguyen .