The Department of Labor (DOL) has released the current processing times that they are working on as of May 31, 2010 for all PERM cases. For regular PERM processing cases, the DOL is working on cases with priority dates of August 2009. For PERM audit cases, DOL is working on cases with priority dates of May 2008. For PERM Appeals, the DOL is working on cases with priority dates of December 2007.
As you can see, the PERM processing times are rather slow, as an average processing time for a standard PERM case that has not been audited is around 8-9 months. This is a long way from the previous promise that PERM cases can possibly be reviewed and certified in less than 30 days, etc. The whole idea behind why PERM was created is that since the form ETA 9089 is filed electronically, the processing time should be quick. However, the process now in action is different…
Still, at least the DOL has provided their processing times for the general public, so that individuals considering filing for PERM can plan ahead. Please also take into account the dates noted on the visa bulletin in planning ahead, as even if your PERM case is certified, you also need to wait for your priority date to become current before you can file for adjustment of status. The most recent visa bulletin can be located at http://travel.state.gov/visa/bulletin/bulletin_1360.html
You do not have to wait for the priority date to be current to file form I-140, which must be filed within a certain time from when the PERM case is certified. PERM applications now have an expiration date within which the form I-140 must be filed or else the PERM certified case will become invalid. The form I-140 can be filed without the form I-485 or with the form I-485, if the visa priority date is current as noted on the visa bulletin.
For further information on the current DOL processing times, you can go to http://icert.doleta.gov/#fragment-2