EB-3 PERM processing reality check: Why January 2024 applications are just getting approved now

The EB-3 visa category is one of the prominent options for prospective alien workers to get US permanent residency. Specially designed for foreign professionals, skilled workers, and other unskilled workers, subject to specific conditions, the EB-3 program provides valuable immigration scopes. However, its attractiveness has been toned down due to growing and excessive delays, especially with the labor certification process.

As of May 2025, the US Department of Labor (DOL) has finally started making decisions on PERM applications (Program Electronic Review Management) submitted in January 2024. This timeline shows a 16-month delay that significantly lengthens the overall process in receiving permanent residency via the EB-3 Visa Green Card Program.

Why are January 2024 PERM applications just getting approved in May 2025?

In the EB-3 journey, the first and most complex step is obtaining the PERM labor certification. While this is the employer’s responsibility, applicants are often requested to make contributions. The employer must prove to the US DOL the unavailability of qualified US workers to fill the position, or their unwillingness to work at the prevailing wage. While vital to protect the domestic employment opportunities, this labor market test adds months and years to the overall immigration process.

Key 2025 updates:

PERM applications submitted back in January 2024 are finally seeing the light of day after a 16-month-long processing window as of May 2025, with the US DOL finalizing their decisions.
Audited PERM applications, due to additional documentation and verifications, may take even longer, with a 6 to 12-month delay.
Due to rising application volume and DOL’s staffing restrictions, backlogs and reviews have been prolonged even more.

This delayed timeline has real effects. An employer who filed PERM in early 2024 is only now moving to the next step of EB-3 processing, putting a hold on the worker’s immigration pathway by more than a year.

Breakdown of the EB-3 visa green card process

The EB-3 program primarily consists of three main stages, comprising PERM labor certification, Form I-140 immigrant petition, and Form I-485 green card processing or consular processing.

1. PERM labor certification (16 – 24+ months)

The first stage is to ensure that the job offer aligns with the DOL standards and that no qualified US laborers are available.

Prevailing Wage Determination (2 to 5 months): The employer is to obtain the DOL’s wage determination.
Recruitment phase (2 to 3 months): Recruitment efforts by the employer via interviews, ads, local postings, etc.
Filing Form ETA 9089 and review (13 to 18 months): Post recruitment, the employer is to submit Form ETA 9089 if unable to find qualified applicants.
Audits (6 to 12+ months): Selected applications are subject to additional scrutiny.

2. I-140 immigrant petition (6 – 12 months)

After PERM’s approval, the next stage is for the employer to file Form I-140 with USCIS to verify the foreign worker’s qualification and the employer’s ability to offer the standard wage.

Standard processing: 6 to 12 months on average.
Premium processing: 15 days processing time with an additional fee.

3. Adjustment of Status (I-485) or Consular Processing (12 – 24+ months)

Once the Form I-140 receives a green light, the EB-3 visa priority date becomes current. The prospective foreign worker can now apply for a green card.

Adjustment of Status: For foreign applicants already in the US on a valid visa.
Consular processing: For those applicants outside of the US.
Visa Bulletin delays: Applicants from high-demand nations may face extremely long wait times due to recalculated priority dates.

The cause of long wait times in the EB-3 Visa Green Card Program

The sluggish pace of PERM approvals is subject to numerous compounding factors that ultimately prolong the EB-3 Visa Green Card Program’s timeline.

Demand surge

Even in the current landscape, the US is consistently facing labor shortfalls in varied industries, like technology, manufacturing, healthcare, and construction. The result is that more and more businesses are sponsoring the EB-3 program to fill the essential gaps, which has instantly increased the PERM applications.

DOL resource restrictions

The DOL has not strategically planned to increase its infrastructure or staff proportionately to address the high volume of applications. This misalignment caused a setback in application processing and decision-making.

Audit rates raised

The Department of Labor has increased its audit processes to eliminate fraud and ensure compliance. Even the most minor errors in the applications, like wage differences or incorrectly classified job profiles, can trigger an audit, extending the timeline by months or even years.

Realistic EB-3 Visa timelines in 2025

Subject to systemic delays, prospective applicants of the EB-3 Visa process can expect the following timelines in 2025:

Step	Estimated timeline
PERM labor certification	16 to 24 months
Form I-140 petition	1 to 12 months (with/without premium processing)
Visa Bulletin wait	0 to 10+ years (country-specific)
Form I-485/Consular processing	12 to 24 months once current

Sample case timeline (example):

January 2024 – Filed PERM application
May 2025 – PERM approved (16-month timeframe)
June 2025 – Form I-140 petition filed
December 2025 – Form I-140 approved
2027 to 2032+ – Visa becomes available as per country caps
2028 or beyond – Issuance of Green Card (rest of the world)
2032+ – Issuance of Green Card (India/China owing to visa bulletin backlogs)

How employers and applicants can avoid delays

Below are a few tactics to avoid delays:

Plan and file early

It is wise to start the PERM application process well in advance to avoid long wait times. Employers should begin the PERM process about 18 months before the actual need for the worker at the job.

Avoid inconsistencies that trigger audits

Ensure to comply with the DOL guidelines to prevent errors, such as incorrect wage levels, improperly timed recruitment ads, or vague job profiles that could trigger audits.

Consider premium processing

While premium processing is not available for PERM, it can significantly lower the processing timeline for Form I-140 petitions.

Monitor the Visa Bulletin

Stay consistently updated with the US Department of State’s monthly Visa Bulletin to receive useful insight into priority dates going current and to not missing out on filing windows.

Seek professional guidance

Both employers are applicants are recommended to work with seasoned immigration lawyers to walk through the EB-3 visa regulations and to prevent extended delays.

To sum up

While the EB-3 Visa presents valuable scopes for interested foreign nationals to obtain permanent US residency, the overall journey, however, is extensive. With every essential approval taking months and years to process, the EB-3 program now demands foresight and patience. But worry not, the green card is still achievable.