For many employment-based green cards, the first agency is not USCIS but the U.S. Department of Labor. Its permanent labor certification, known as PERM, can take a long time, and every month at that stage delays the rest of the case for workers and employers in North Texas.
Where PERM fits
The rules are in 20 CFR Part 656. In broad terms, the employer obtains a prevailing wage determination, tests the labor market through recruitment and then files the labor certification application. DOL now runs these filings through its FLAG system. Once certified, the employer files Form I-140 with USCIS; see I-140 delays and employment-based green cards in Dallas.
Why the filing date matters
Under 8 CFR 204.5(d), the priority date of an employment petition supported by an individual labor certification is the date DOL accepted the labor certification application for processing. That date decides the worker’s place in the visa queue, so an employer that files promptly protects the employee.
The 180-day trap after approval
Under 20 CFR 656.30(b)(1), an approved labor certification expires if it is not filed in support of a Form I-140 within 180 calendar days of the date DOL granted it. Calendar the deadline the day the certification arrives.
Measuring delay
DOL publishes processing times on FLAG. Compare the posted times with your filing date and keep dated copies. If an audit or supervised recruitment is ordered, the timeline changes and the case may be slow rather than stuck.
Legal options
Labor certification decisions and delays involve a different agency, but the same tools apply to unreasonable delay: the Administrative Procedure Act and the Mandamus Act, discussed in Mandamus Act vs. APA. Mandamus.com explains DOL PERM labor certification mandamus. Employers sponsoring temporary workers should also follow the proposed change to extension deference.
Employer responsibilities
The labor certification rests on the employer’s job offer. Recruitment, the job requirements and the wage offered must follow 20 CFR Part 656, and mistakes at that stage can lead to a denial and a fresh start, which costs far more time than a slow review. Keep the recruitment file organized and complete, because DOL can audit applications and ask for it. Workers should ask their employer for the filing date, since it becomes the priority date.
Frequently asked questions
Is the priority date the date the I-140 is filed? For petitions supported by an individual labor certification, it is the date DOL accepted the labor certification for processing.
How long is an approved labor certification valid? It expires if not used for an I-140 within 180 calendar days of certification.
Can DOL delays be challenged in court? Unreasonable agency delay can be challenged under the APA and the Mandamus Act; success depends on the facts.
Key Takeaways
- PERM labor certification is governed by 20 CFR Part 656 and filed through DOL’s FLAG system.
- The priority date is the date DOL accepted the labor certification for processing.
- An approved certification expires if not used for an I-140 within 180 calendar days.
- DOL publishes processing times; audits change the expected timeline.
- APA and mandamus claims can address unreasonable DOL delay.
Disclosure: This site collaborates with the law firm that publishes mandamus.com and n600k.com; some articles link to their guides. General information only, not legal advice.
General information only, not legal advice. Immigration law and agency policy change often; confirm current rules before acting. Published October 26, 2026. Official sources checked October 26, 2026.