As of February 2025, both USCIS and the Department of Labor (DOL) are experiencing significant processing delays, impacting various visa applications and labor certifications. These delays have notable implications for employers and foreign nationals relying on timely adjudications for work authorization and immigration status.
USCIS Processing Delays
Processing times for H-1B change of status and extension petitions have doubled over the past year. Previously taking between 2-4 months, these petitions now require approximately 6-8 months for adjudication. The increased backlog at USCIS is causing uncertainty for both employers and employees, particularly those facing work authorization expiration deadlines.
Similarly, L-1 visa petitions, which facilitate intra-company transfers for multinational employees, are experiencing significant slowdowns. Current processing times for L-1 petitions are averaging six months, a substantial increase from previous timelines. The delays in these categories are prompting many employers to consider premium processing, where available, to expedite adjudications.
DOL Processing Delays
The Program Electronic Review Management (PERM) labor certification process, required for most employment-based green cards, has also been heavily impacted by delays. According to the DOL’s Office of Foreign Labor Certification (OFLC), as of February 1, 2025, PERM applications are taking over 16 months to process.
Currently, the average processing time for PERM applications is 489 days, assuming no audit is required. This represents a notable increase from the 462-day processing period recorded in January 2025. If a case is audited, processing times can extend significantly, further delaying employers’ ability to file I-140 immigrant petitions for employees.
Prevailing Wage Determinations (PWDs) – a key step in the PERM process and some H-1B visa applications -are also experiencing significant backlogs. As of February 2025, the DOL is still processing PWD requests that were filed in July 2024, with average processing times ranging between 6-8 months. This delay can significantly prolong the green card sponsorship timeline, as employers must obtain a PWD before initiating the PERM process.
Recommendations for employers & applicants
With ongoing processing delays at USCIS and the DOL, proactive planning has become essential for applicants and sponsors:
Early Initiation of Processes
Begin H-1B and L-1 extension requests as early as 180 days before the current status expires. For PERM processes, start at least three years before the individual’s maximum allowable stay in nonimmigrant status.
Utilize Premium Processing
Where available, consider premium processing to expedite adjudications and mitigate potential work authorization gaps. Effective February 26, 2024, USCIS increased premium processing fees to $2,805 for most Form I-129 petitions, including H-1B and L-1 classifications. Additionally, the premium processing timeframe changed from 15 calendar days to 15 business days as of April 1, 2024.
Monitor Expiration Dates
Maintain a diligent tracking system for visa expirations and automatic extension periods to prevent employment disruptions. Notably, as of January 13, 2025, USCIS has extended the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days, providing additional time for processing renewals.
Stay Informed
Regularly consult official USCIS and DOL communications to remain updated on processing times and policy changes. The DOL updates processing times for PERM and PWD applications at the end of the first workweek each month, providing valuable insights for planning purposes.
Need assistance?
In light of the current landscape – with stricter US immigration regulations and extended processing times – it is more important than ever to approach any US immigration application fully prepared and informed, to ensure compliance and reduce the risk of issues or delays. For specialist guidance, speak to our US immigration attorneys.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
