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If your employer-sponsored PERM case is delayed, ask the sponsoring employer or its immigration counsel to confirm the filing date, case stage, and any notice from the Department of Labor (DOL). If the delay could affect your H-1B time or you are considering a job change, assess those questions separately: a pending PERM does not automatically qualify you for an H-1B extension or let you transfer a green-card case to a new employer.
Start by confirming the PERM case status
PERM is an employer-sponsored labor certification process. DOL describes its purpose as determining whether there are able, willing, qualified, and available U.S. workers for the permanent job opportunity, and whether employing the foreign worker would adversely affect the wages and working conditions of similarly employed U.S. workers. The employer is central to the filing and its follow-up, so coordinate with the sponsor rather than assuming you can independently inquire about or appeal the case.
Ask the employer or its immigration counsel to confirm:
- The PERM filing date, which establishes its place in the processing queue.
- Whether it is in analyst review, audit review, or another stage.
- Whether DOL issued a notice and, if so, a copy of the notice and the response plan.
- Who is monitoring the case and will handle any inquiry or response.
Compare the case with DOL’s processing snapshot
DOL’s FLAG processing page, accessed October 9, 2026, reported the following snapshot as of October 5, 2026:
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| PERM processing category | Priority date shown |
|---|---|
| Analyst review | December 2025 |
| Audit review | December 2025 |
| Reconsideration request to the Certifying Officer | May 2026 |
DOL also reported an average of 336 calendar days for analyst-review determinations in August 2026. That is an average for that category and month, not a forecast for an individual case; the page showed no August 2026 average for audit review. DOL cautions that displayed priority dates indicate the filing months being adjudicated, do not necessarily mean every earlier case is complete, and are not a promise about a particular application. DOL updates the data monthly, so check its live PERM processing information with the employer before drawing conclusions.
When and how the employer can ask DOL about a delay
DOL says an employer may contact the OFLC PERM Helpdesk when its application’s filing date is more than three months before the month DOL lists as currently under review. For example, use the date in the live queue when assessing the threshold, rather than relying on the October 2026 snapshot above.
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If the filing meets that threshold, ask the sponsoring employer to make the inquiry. DOL lists [email protected] and [email protected] for PERM status inquiries. An inquiry is a way to seek a status update; it does not establish that the application will be expedited or that DOL will decide it favorably.
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A long PERM wait can matter if you are approaching the H-1B six-year limit, but the delay itself does not create extension eligibility. Published USCIS AC21 guidance describes a possible route to extend H-1B status beyond six years when a qualifying labor-certification or I-140 filing was made at least 365 days before the worker would exhaust the six-year period. The cited guidance also says the labor certification must remain unexpired when the H-1B extension petition is filed.
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Do not treat that rule as an automatic entitlement. USCIS has said older interim AC21 guidance is partially superseded by its Policy Manual, and the cited extension guidance is a 2008 memorandum. Have qualified immigration counsel review current policy and your full record, including:
- How much time you have spent in H-1B status and whether time outside the United States may affect the calculation.
- The filing dates and status of the labor certification and any I-140.
- Whether the relevant 365-day timing condition is met and whether the certification remains valid at the required point.
- Your current status and the timing for any extension petition.
Do not confuse a new H-1B petition with green-card portability
A new employer may be able to file an H-1B petition, but whether you can change jobs and maintain status depends on your circumstances and the applicable rules. That is a separate question from transferring an employment-based green-card case.
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The USCIS portability rule described for certain employment-based adjustment applicants applies at a later stage: it requires an approved immigrant petition and an adjustment-of-status application pending for at least 180 days, along with a new job in the same or a similar occupational classification and other applicable conditions. A pending PERM by itself does not meet those requirements. Before accepting a new job or relying on an extension or portability theory, get advice based on your specific status, filing history, case stage, and proposed duties.
If the employer receives an audit, denial, or withdraws the case
Ask for the actual DOL notice and have qualified immigration counsel review it promptly. Available responses and deadlines depend on the notice and the case posture; do not assume the reconsideration queue or a general processing page tells you what action to take in your case. An employer’s decision to stop sponsoring or withdraw a filing can also change the immigration analysis, so review the effect on any planned H-1B extension or green-card filing before acting.
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