PERM labor certification is still a long process. It is not as long as it was earlier this year. For employers thinking about transitioning a proven H-2A or H-2B worker into a permanent position, the practical point is this: clean cases are moving faster, but the clock still starts only after the application is filed.
What happened
On September 21, the law firm Puyang & Wu reported that PERM processing times improved through 2026. In one of their cases, an application filed on November 14th, 2025, was certified on September 12th, 2026. That was just under 10 months, with no audit.
Department of Labor figures point the same direction. As of August 31st, 2026, DOL reported an average of 336 calendar days, or about 11 months, for PERM applications finished in analyst review. DOL was then reviewing cases filed in November 2025. The agency updates those queue dates every month. A posted month does not mean every case from that month is decided at the same time.
Puyang & Wu also described a steady drop in their own non-audit cases during 2026, from about 17 to 18 months in March down toward the 10-month range by September. That is their case experience, not a DOL guarantee, and not a timeline H2 Visa Consultants can promise on every file.
What has not changed
• PERM is still required before most employer-sponsored EB-3 green card petitions.
• The 10 or 11-month figure covers only the wait after the PERM application is filed. It does not include the prevailing wage request, recruitment, or the later I-140 and visa stages.
• Audited cases can take much longer.
• Times can slow again if filings rise, staffing changes, or DOL changes the rules.
Sources
Jay Wu, “PERM Processing Times Continue to Improve in 2026,” Puyang & Wu, LLC, September 21, 2026, https://puyanglaw.com/2026/09/perm-processing-times-continue-to-improve-in-2026/.
U.S. Department of Labor processing-time data as reported in that article and published by DOL through the FLAG processing-times page, https://flag.dol.gov/processingtimes.
Recommendations
Strategy
1. Treat the shorter wait as a trend, not a deadline you can put on a calendar.
2. If you have a returning H-2A or H-2B worker who now belongs in a real year-round job, start the PERM conversation now. The filing date is what starts DOL’s clock.
3. Do not think that last season’s seasonal job can be converted to PERM on paper. PERM is for a permanent, full-time role, tested against the U.S. labor market. It is for permanent positions at your company, and not seasonal ones.
Get In Contact
Questions about an active case? Contact H2 Visa Consultants, LLC at (830) 584-4555 or inquiry@h2visaconsultants.com.
H2 Visa Consultants, LLC is not a law firm and does not provide legal advice. This update is a general summary of publicly reported developments for employer clients. For legal advice on PERM, EB-3, or immigration strategy, consult a qualified attorney.