Immigration processing times remain uneven across the Department of Labor’s foreign labor programs, with the latest data showing a particularly heavy backlog in PERM labor certification. The Office of Foreign Labor Certification, or OFLC, reported that PERM analyst review was reaching applications with November 2025 priority dates as of August 31, 2026, while the average processing time for analyst-review determinations was 336 calendar days.
Table of Contents
Immigration Processing Times Update
The update also covers prevailing wage determinations and temporary worker programs, including H-2A, H-2B and CW-1 cases. Because each program uses a different queue and reporting method, employers should not treat one program’s immigration processing times as a reliable estimate for another.
PERM cases show the most significant delay
PERM is the Department of Labor’s permanent labor certification process for many employment-based green card cases. The certification generally comes before an employer files the immigrant petition and later stages of the permanent residence process with U.S. Citizenship and Immigration Services.
According to the August 31 update, OFLC was working on PERM cases in three principal queues:
- Analyst review: cases with November 2025 priority dates.
- Audit review: cases with December 2025 priority dates.
- Reconsideration requests to the certifying officer: appeals filed in April 2026.
OFLC also reported that PERM analyst-review determinations averaged 336 calendar days in August 2026. No average was listed for audit review for that month. The agency cautioned that actual case timing may vary based on the facts and circumstances of each employer’s application.
The posted queue dates are not guarantees of a decision date. They identify the month and year of cases currently being adjudicated, and OFLC may sometimes complete cases filed earlier than the posted month. Employers whose cases were filed more than three months before the listed month may contact the OFLC PERM Helpdesk for a status inquiry.
Prevailing wage queues remain backlogged
Prevailing wage determinations are used by employers in several foreign worker programs to establish the wage that must be offered for a particular job and location. The newest immigration processing times update lists separate queues for wage requests based on OEWS data and non-OEWS data.
| Program | OEWS receipt month | Non-OEWS receipt month |
|---|---|---|
| CW-1 | May 2026 | Not listed |
| H-1B | May 2026 | May 2026 |
| H-2B | July 2026 | Not listed |
| PERM | May 2026 | May 2026 |
The remaining-request figures show the scale of some of those queues. For PERM prevailing wage requests, OFLC listed 2,683 remaining cases from May 2026, 15,781 from June, 15,185 from July and 14,189 from August. H-2B showed 206 remaining requests from July and 3,671 from August.
For H-1B prevailing wage requests, the posted figures included 303 remaining cases from June, 233 from July and 176 from August. The agency notes that withdrawn and voided requests are excluded, so earlier-month totals can change.
H-2A processing is moving faster than PERM
H-2A immigration processing times are reported weekly and focus on the issuance of an initial Notice of Acceptance or Notice of Deficiency. The H-2A update was current through September 12, 2026.
OFLC marked the week of August 30 through September 5 as the most recent completed week, with all 248 submitted cases receiving a first notice. For the week of September 6 through September 12, 153 of 244 cases had received a first notice, representing 62.7 percent of submissions.
For the two-week period covered by the agency’s average, complete H-2A cases took an average of 18 calendar days to process. Incomplete cases averaged 32 calendar days. OFLC defines a complete application as one containing the documentation needed for a final determination 30 days before the employer’s start date of need.
The distinction is important for agricultural employers. Missing documents can result in a longer processing period, and the H-2A figures should not be compared directly with the PERM average, which measures a different program and adjudication stage.
H-2B cases move through the fiscal-year cap windows
The H-2B update, current through September 17, 2026, separates cases by requested date of need. It reports both cases submitted and worker positions requested, followed by notices issued, pending cases and final decisions.
For the second half of fiscal year 2026, OFLC reported 10,474 cases with final decisions and 143,929 worker positions certified. The figures covered requested dates of need from January 1 through September 30, 2026.
For the first half of fiscal year 2027, OFLC reported 3,108 cases with final decisions and 55,604 worker positions certified. The data included July 3-5 Group A and Group B filings, July and August filings, and part of September. September filings were still moving through the initial notice stage, with 147 of 224 cases receiving a first notice, or 66 percent.
OFLC identifies post-notice pending cases as applications that have received a notice and are either actively recruiting U.S. workers or responding to a Notice of Deficiency. A pending figure therefore does not necessarily mean the application has been rejected or is nearing a final denial.
CW-1 filings also show unfinished September work
The CW-1 program covers certain employers and workers in the Commonwealth of the Northern Mariana Islands. Its immigration processing times update was current through September 12, 2026.
Across the listed application types, OFLC reported 1,895 submitted cases involving 7,901 requested worker positions. The agency had issued a first notice in 1,851 cases, or 97.7 percent. It listed 343 cases involving 1,662 positions as pending after a notice, while 1,508 cases involving 5,059 positions had received final decisions and certification.
Renewal cases accounted for 1,159 submissions and 975 final decisions. New CW-1 visa requests accounted for 736 submissions and 533 final decisions. September filings were still early in the process: 26 of 69 cases had received a first notice, or 48.1 percent, and no September cases were listed as having final decisions.
What employers should do with the latest data
Employers should use the posted immigration processing times as planning information rather than as a promise that a particular case will be completed on a specific date. The most useful next steps depend on the program.
- Check the correct OFLC queue. A PERM case, a prevailing wage request and an H-2B application appear in different tables and should be tracked separately.
- Build in additional time for PERM. The 336-day analyst-review average shows that employers may need to plan well ahead for later immigration filings and employment timelines.
- Submit complete temporary-worker filings. H-2A employers should confirm that required supporting documents are included because OFLC reports longer average processing for incomplete cases.
- Review notices promptly. A Notice of Deficiency or other agency request can leave a case in the post-notice pending category until the employer responds or the case receives a final determination.
- Use FLAG case tools and help desks appropriately. Employers can monitor case information through the Foreign Labor Application Gateway and contact the PERM Helpdesk when a case is more than three months older than the posted processing month.
How often OFLC updates its processing data
OFLC uses different update schedules. Prevailing wage and PERM data are updated at the end of the first work week of each month. H-2A and CW-1 data are generally updated weekly, while H-2B data receive weekly updates and additional updates during the week.
That schedule means the figures can change quickly for temporary programs but may remain unchanged for several weeks for PERM and prevailing wage queues. Employers reviewing immigration processing times should record the date of the update and the relevant receipt or priority month before making staffing or filing decisions.
The September 2026 immigration processing times data present a mixed picture: H-2A notices are being issued on a weekly basis, H-2B cases continue to move through fiscal-year filing windows, and CW-1 cases are receiving substantial numbers of decisions. PERM and several prevailing wage queues, however, continue to reflect lengthy waits that employers should account for in long-term immigration planning.
Frequently Asked Questions
What are the latest PERM processing times reported by the Department of Labor?
As of August 31, 2026, OFLC listed November 2025 priority dates for PERM analyst review and December 2025 for audit review. The average analyst-review time for August was 336 calendar days.
Does the PERM processing time guarantee when a case will be decided?
No. OFLC says its posted dates identify the cases currently being adjudicated, and actual processing may vary depending on the facts and circumstances of the application.
How quickly are H-2A cases being processed?
For the two-week period reported through September 12, 2026, complete H-2A cases averaged 18 calendar days and incomplete cases averaged 32 calendar days.
Where can employers check OFLC case progress?
Employers can review the Department of Labor’s FLAG processing-times page and use the Foreign Labor Application Gateway case-status tools. PERM employers may also contact the OFLC PERM Helpdesk when a case is more than three months older than the posted processing month.
Fact-Checked: Verified against the U.S. Department of Labor OFLC FLAG processing-times page on September 19, 2026; the latest listed program updates range from August 31 through September 17, 2026.
Disclaimer: Processing figures are agency estimates and queue snapshots, not guarantees. Individual cases may take longer or shorter depending on filing details and agency action.
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