When your PERM case shows “Determination Issued” in the FLAG portal, the Department of Labor has finished reviewing your permanent labor certification application and reached a decision. That decision is one of three things: a certification (approval), a denial, or a notice that the case has been selected for audit. The status line itself does not tell you which one. To find out, you have to open the determination letter or check the detailed case record.
How to See the Actual Outcome
The FLAG portal at flag.dol.gov shows the status and gives access to the determination letter for any case filed on or after May 31, 2023.1U.S. Department of Labor. Case Status Search Older cases live on the legacy system at plc.doleta.gov. The letter is where the substance is: the Certifying Officer’s decision, the reasoning if it’s a denial, and any deadlines that now apply to you.
Underneath the decision is the same two-part question the officer had to answer under 20 CFR Part 656: whether the employer proved no qualified U.S. workers were available for the position, and whether hiring a foreign worker would harm the wages or conditions of similarly employed U.S. workers.2eCFR. 20 CFR Part 656 – Labor Certification Process for Permanent Employment of Aliens in the United States Every determination flows from that analysis.
If the Application Was Certified
Certification means the employer satisfied the recruitment and wage requirements, and the next step is filing Form I-140, Immigrant Petition for Alien Workers, with USCIS.3U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers There is a hard deadline attached: the I-140 must be filed within 180 calendar days of the certification date.2eCFR. 20 CFR Part 656 – Labor Certification Process for Permanent Employment of Aliens in the United States
Miss the window and the certification expires. USCIS will reject an I-140 that arrives with an expired labor certification.3U.S. Citizenship and Immigration Services. I-140, Immigrant Petition for Alien Workers If day 180 falls on a weekend or federal holiday, USCIS accepts the petition on the next business day, but the sensible approach is to treat the certification date as the starting gun and begin assembling the I-140 package right away.
If the Application Was Denied
A denial means the Certifying Officer found problems, and the clock starts immediately. The employer has three options: request reconsideration by the Certifying Officer, request review by the Board of Alien Labor Certification Appeals (BALCA), or request reconsideration on the ground of alleged DOL error.4Department of Labor. Permanent Labor Certification Frequently Asked Questions – Appeals Whichever route the employer picks, the written request has to be submitted within 30 calendar days of the date on the denial notice.5Department of Labor. PERM FAQs Round 14 – Withdrawals, Requests for Reconsideration or BALCA Review, and Pay Differentials
The strategic choice matters. If the employer requests reconsideration and the Certifying Officer upholds the denial, the case is automatically forwarded to BALCA. If the employer wants to skip reconsideration and go straight to BALCA, the cover letter has to say “Request for BALCA Review Only” at the top. Once a case has entered the reconsideration queue, it cannot be reclassified as a direct BALCA request. For the sponsored worker, a denial creates real uncertainty about status and employment, so it is worth asking the employer promptly which path they intend to take.
Common denial reasons include inadequate recruitment documentation, job requirements that look tailored to the foreign worker rather than reflecting genuine business needs, and a wage offer below the prevailing wage. Which of these appears in the letter shapes whether reconsideration or BALCA review is the stronger play.
If the Case Was Selected for Audit
Sometimes the determination is not a final yes or no but a request for more documentation. Audits are triggered either randomly or by something in the application that raised a flag. The employer has to submit supporting records — recruitment reports, copies of advertisements, resumes received — within the response deadline stated in the audit notice. Missing that deadline can be fatal to the case.
Audits extend the timeline significantly, but they are an opportunity, not a denial. The employer gets to show compliance rather than fight a rejection on appeal.
Supervised Recruitment
One outcome sits outside the ordinary three. A Certifying Officer can order the employer to conduct recruitment under DOL supervision for up to two years if the employer substantially failed to produce required documentation, submitted inadequate records, or made a material misrepresentation.2eCFR. 20 CFR Part 656 – Labor Certification Process for Permanent Employment of Aliens in the United States Supervised recruitment is heavier than a standard audit: the DOL controls the timeline and the recruitment channels, and it affects future PERM filings during the supervised period, not only the current case.
Why the Wait Was So Long
Seeing “Determination Issued” is a real milestone because these cases take a long time. As of February 2026, the average PERM application took roughly 503 calendar days from filing to determination. In March 2026, the DOL’s standard analyst review queue was working on cases filed in November 2024, and the audit review queue was working on cases filed in June 2025.6U.S. Department of Labor. Processing Times The DOL did not publish an average for audit review processing in that same period.
These figures move month to month with staffing at the processing centers. If your case is still pending, the FLAG processing times page shows the filing dates of the cases currently under review, which is the best way to gauge where you stand.