Current DOL FLAG Processing Times by Program

Current DOL FLAG processing times range from as few as seven working days for a Labor Condition Application to roughly 503 calendar days for a PERM labor certification, with prevailing wage requests, audits, and the temporary agricultural and non-agricultural programs each running on their own separate clocks.¹ Because these numbers move as backlogs grow and shrink, the single most useful thing you can do before filing is check the OFLC processing times page for the program you’re using.

Current Processing Times by Program

The figures below reflect OFLC data as of March 2026 and will change as the agency works through its queues:¹

LCA (H-1B, H-1B1, E-3): up to seven working days.²
Prevailing wage (PERM/H-1B): currently processing requests filed in December 2025.
Prevailing wage (H-2B): currently processing requests filed in February 2026.
PERM analyst review: approximately 503 calendar days on average, currently working through November 2024 filings.
PERM audit review: currently processing cases flagged in June 2025.
PERM reconsideration: currently processing requests submitted in September 2025.
H-2A: processing applications received the week of March 15–21, essentially keeping pace with incoming filings.
H-2B: tracked by filing window and requested start date rather than a single average.

Prevailing Wage Determinations Come First

Before you can file a PERM application or certain temporary certifications, you need a prevailing wage determination from the OFLC. That step alone is roughly two to three months of waiting right now, and many employers underestimate it when planning a timeline. PERM and H-1B wage requests filed in December 2025 are what the OFLC is processing in early 2026, while H-2B wage requests from February 2026 are currently in progress.¹

A certified prevailing wage remains valid for a minimum of 90 days and a maximum of one year, depending on the wage data source used.³ If it expires before you finish recruitment and file the PERM application, the process restarts with a new wage request. Request the wage as early as you reasonably can.

Labor Condition Applications

LCAs are the fastest filings on FLAG. The Department of Labor reviews them within seven working days for completeness and obvious errors, and the regulation requires the agency to make certification decisions sequentially, in the order received.² Straightforward filings often clear in fewer than seven days because much of the review is automated.⁴

When FLAG detects an obvious inaccuracy or incomplete field, it rejects the filing for correction rather than parking it in a queue. Most delays at this stage come from the employer’s side, not the agency’s.

PERM Is Where the Wait Happens

PERM applications average about 503 calendar days from filing to decision, and the analyst review queue is currently working through cases filed in November 2024.¹ The application itself, submitted on ETA Form 9089, cannot be filed until recruitment is complete and a prevailing wage determination has been issued.⁵ Backlogs have grown from what used to be a roughly six-month wait to well over a year.

Audit Review

Some PERM applications are selected for audit, which adds a separate layer of review. The audit queue is processing cases flagged in June 2025, running about nine months behind the date of selection.¹ During an audit, the certifying officer requests the recruitment report and supporting documentation. Problems with the recruitment can lead to denial or to supervised recruitment, which restarts the advertising process under direct OFLC oversight and adds still more time.

Common audit triggers include job requirements that appear tailored to a specific foreign worker, wages that barely meet the prevailing wage, inconsistencies between the job posting and the application, and educational requirements that exceed what the position typically demands.

Reconsideration After Denial

If a PERM application is denied, the employer has 30 days from the date of the decision to request review.⁶ The request goes first to the certifying officer for reconsideration, and if the denial stands, the case is forwarded to the Board of Alien Labor Certification Appeals. The denial notice must state the specific reasons for the decision.⁷

The reconsideration queue is currently processing requests submitted in September 2025.¹ Missing the 30-day window is fatal: the denial becomes final, and you start over with a new application. While a request for review is pending, you cannot file a new PERM application for the same worker in the same occupation.

H-2A Temporary Agricultural Certification

H-2A applications run on a tighter regulatory schedule because agricultural work is seasonal. Employers must submit the application at least 45 calendar days before the first date of need, and the OFLC aims to issue a final determination no later than 30 calendar days before that date.⁸⁹ Deficient applications draw a notice from the certifying officer within seven business days.

As of late March 2026, the OFLC is processing H-2A applications received during the week of March 15–21, meaning the agency is essentially keeping pace.¹ Spring filing surges can push the queue out by a week or two. Employers who miss the 45-day deadline can request emergency processing if they didn’t use H-2A workers the previous season or can otherwise show good cause; the completed application and the agricultural clearance order must be filed simultaneously.⁸

H-2B Temporary Non-Agricultural Certification

H-2B certifications cover seasonal non-agricultural work such as landscaping, hospitality, and seafood processing. Employers submit the job order to the National Processing Center between 75 and 60 calendar days before the date of need, and the full timeline from prevailing wage through recruitment to final decision typically runs several months.

The OFLC tracks H-2B processing by filing window rather than by a single average, because cases are grouped by requested start date. For the April 1, 2026 start-date window, applications filed in early January 2026 are processed first, with later filing weeks handled in order.¹ Competition is intense. The OFLC randomly orders applications that arrive during the initial filing window for a given start date, so filing on the first available day does not guarantee being first in line.

Why These Numbers Move

Processing speed depends heavily on total filing volume. When thousands of employers submit at once, the OFLC’s adjudication capacity hits a ceiling and wait times climb. Cases are processed in the order received, so a surge does not push an existing case back, but it does mean new filers face a longer wait from day one.

Seasonal peaks hit H-2A and H-2B hardest. Agricultural filings for spring planting and hospitality filings for summer tourism create concentrated bursts, and when staff are reallocated to handle those surges, PERM and prevailing wage progress can slow.

Data entry errors also drag on timelines. Applications with inconsistent information, whether job requirements that don’t match the recruitment ads, wages that conflict with the prevailing wage determination, or incomplete employer information, require manual intervention. Filing a clean, consistent application the first time is the most controllable way to avoid unnecessary delay.

Checking Your Case Status

FLAG offers two ways to monitor a pending case. Registered users can log in and see all active filings on their dashboard. Anyone can use the Case Status Search tool at flag.dol.gov with only a case number, and the search accepts up to 30 case numbers at once, which helps employers or attorneys tracking multiple filings.¹⁰

The core status labels are:

In Process: the application is in the review queue and no decision has been issued.
Certified: the labor certification has been granted.
Denied: the application did not meet the regulatory requirements; the denial letter details the specific grounds.
Withdrawn: the employer canceled the application before a final decision.

Program-specific labels also appear, including “RFI Issued” for a request for further information, “NOD Issued” for a notice of deficiency in temporary labor programs, and “Accepted – Pending Recruitment” where the recruitment period is still underway.¹¹ Status changes do not always trigger a direct email, so checking regularly is worth the effort as your case approaches the front of the queue.

1
Flag.dol.gov. Processing Times
2
eCFR. 20 CFR 655.730 – What Is the Process for Filing a Labor Condition Application
3
U.S. Department of Labor. Permanent Labor Certification Program FAQs
4
Flag.dol.gov. Labor Condition Application (LCA) Specialty Occupations
5
eCFR. 20 CFR 656.17 – Basic Labor Certification Process
6
eCFR. 20 CFR 656.26 – Review of Denial of Labor Certification
7
eCFR. 20 CFR 656.24 – Labor Certification Determinations
8
U.S. Department of Labor. H-2A Final Rule FAQs Round 4 – Application Filing and Processing
9
U.S. Department of Labor. H-2A Temporary Agricultural Program
10
Flag.dol.gov. Case Status Search
11
Flag.dol.gov. Frequently Asked Questions