Why U.S. Manufacturers Wait More Than a Year for PERM to Hire High-Skilled Workers in 2026

In 2026, many factories in the U.S. are willing to wait more than twelve months just to complete a procedure called PERM before they can sponsor a high-skilled worker from abroad. To an outsider, this timeline can be confusing: if a business is short on workers, why don’t they just hire right away? The answer lies in the legal structure of the PERM process and in the backlog of cases at the U.S. Department of Labor (DOL). This article by Newland USA will explain why manufacturers accept the wait, break down each stage of hiring skilled workers in the U.S., and clarify where EB3 skilled workers fit into the current landscape of U.S. labor immigration. This is also foundational information that  anyone interested in the high-skilled EB3 visa category should understand before getting started.

1. Who counts as a high-skilled worker in the EB3 visa system?

Before understanding why cases take so long, it’s important to define what a high-skilled worker means under U.S. immigration law. The EB3 visa is an employment-based green card category, part of the third preference group, divided into three subcategories. The first subcategory is professionals, which requires at least a bachelor’s degree or the equivalent. The second is skilled workers — the EB3 skilled workers group — for positions that require at least two years of training or experience. The third is “other workers,” for jobs requiring less than two years of training.

So, a high-skilled worker under this system is someone with at least two years of experience or vocational training relevant to the sponsored position, but who is not required to hold a college degree. This is what makes the EB3 skilled workers category so practical for machinists, industrial maintenance technicians, electricians, and many other technical trades. Because of this, efforts to hire skilled workers in the U.S. through EB3 tend to focus on positions where hands-on experience, trade certifications, or apprenticeship training matter more than academic credentials.

One mandatory requirement for every high-skilled worker in this category is having a full-time, permanent job offer from a U.S. employer. That employer must complete PERM labor certification before the case can move to the next step. In other words, the PERM process is the first gate that both the business and the worker must pass through — and it’s also the stage that takes up the most time in the entire journey.

2. What steps make up the PERM process?

To understand why the wait exceeds a year, it helps to look at the structure of the PERM process. PERM stands for Program Electronic Review Management, the labor certification mechanism managed by the U.S. Department of Labor. The purpose of this procedure isn’t to issue a visa — it’s to test the labor market: the employer must prove that no U.S. worker is qualified, willing, and available to fill the position before they’re allowed to hire a skilled worker in the U.S. from abroad.

The PERM process has three main stages. The first stage is requesting a Prevailing Wage Determination (PWD). The employer submits Form ETA-9141 so the Department of Labor can set the minimum wage for the position, based on the job title, work location, and required experience level. This step must be completed first, since the wage set here governs the recruitment steps that follow.

The second stage is testing the labor market through recruitment. The employer must post job listings according to the requirements in 20 CFR 656.17, including newspaper ads, notification to the state workforce agency, and posting at the workplace. Professional-level positions also require additional recruitment steps. After the final recruitment step is completed, the case must go through a minimum thirty-day waiting period before it can be officially filed. This recruitment stage alone, if done thoroughly, already takes about two to three months.

The third stage is filing Form ETA-9089 through the Department of Labor’s FLAG system. The filing date of this form becomes the worker’s priority date, which determines their place in line for a green card. After filing, the case enters the Analyst Review stage. This stage — not the preparation steps — is where the wait time gets stretched out the most when hiring a high-skilled worker from outside the U.S.

3. Why does the review stage take more than a year?

The key to answering the question in the title lies in the Department of Labor’s processing data. According to figures published in 2026, the average review time for a standard PERM case at the Analyst Review stage is around 501 to 503 days — nearly sixteen and a half months. This figure reflects the average time needed to process a standard PERM case, and it only covers the review portion after filing, not counting the preparation steps beforehand.

There are several reasons this stage is slow. First, the Department of Labor processes cases in the order they’re received, with no paid priority review service. This is very different from the later I-140 step, which can use premium processing to shorten the wait to fifteen business days. For the PERM process, there’s no way to pay for faster processing — every business’s case sits in the same line.

Second, the volume of filings has increased while the agency’s processing resources remain limited. As wage determination requests and PERM applications pile up together, wait times naturally get pushed out further. Third, as of mid-2026, the Department of Labor is reviewing cases that were filed roughly a year earlier, meaning there’s already a substantial built-in gap between filing and decision.

It’s also worth noting that part of the wait comes from the prevailing wage determination stage. Since the PWD step sits at the front of the chain and sets the wage floor for all subsequent recruitment activity, a slow decision here pushes back every step that follows. Adding up all three stages, a complete case for a high-skilled worker in 2026 typically takes eighteen to over twenty months if there’s no audit, and can stretch beyond two years in many cases. This is the direct reason manufacturers must wait more than a year when they want to hire skilled workers in the U.S. through this category.

4. Audits and other factors that add more time

Even when a case is prepared meticulously, the timeline can still be extended if it’s selected for an audit. In 2026, the Department of Labor set a target to check the integrity of a significant proportion of PERM cases — higher than in previous years. When a case is audited, it leaves the standard processing queue and moves into a separate, much slower queue. On average, the audit review stage adds roughly nine months to nearly a year, depending on the backlog.

Audits can happen randomly, or they can be triggered by something in the case itself. Some common red flags that lead to an audit include: overly specific job requirements without a legitimate business justification, a family or personal relationship between the employer and the worker, layoffs in the same occupation within the prior six months, or a job description that doesn’t match the standard occupational code. When an employer receives an audit notice, they only have thirty days to respond with complete supporting documentation. Missing the deadline or lacking documentation almost always means the case gets denied.

Beyond audits, a few other factors can extend the PERM process. If a case is denied, the business usually has to redo the entire recruitment cycle and file a new ETA-9089, which essentially resets the clock. If the employer disagrees with the wage that was determined and requests a redetermination, that also adds several more months. One important detail: once issued, a PERM certification is only valid for 180 days to file the I-140. Miss that window, and the certification expires, forcing the business to start over from scratch. All of these risks explain why hiring skilled workers in the U.S. requires careful preparation from the very start of the filing process.

5. The labor shortage that keeps manufacturers waiting patiently

If the wait is this long, the question becomes: why do manufacturers keep pursuing this route at all? The answer lies in the labor shortage facing the U.S. economy. According to the U.S. Chamber of Commerce, millions of jobs remain unfilled across industries such as manufacturing, healthcare, transportation, and food service. In manufacturing specifically, this gap is becoming even more visible as older workers retire while the next generation hasn’t been able to fill those empty seats.

Against this backdrop, a high-skilled worker from abroad becomes a resource that helps keep production lines and supply chains running. The EB3 skilled workers category was designed exactly for this situation: where labor demand is structural and ongoing rather than seasonal, and where the domestic labor market can’t fully meet the need. When a business can’t find a candidate domestically through normal recruitment channels, sponsoring a skilled foreign worker becomes an operationally sound choice — even if it takes a considerable amount of time.

It’s worth adding that the costs are borne by the employer. U.S. labor law prohibits workers from paying costs related to the PERM certification step, including attorney fees and recruitment advertising costs. Precisely because businesses have to make a substantial investment and wait a long time, they only pursue this route when the need is genuine. This is what makes hiring skilled workers in the U.S. through EB3 a signal that the sponsored position reflects a real need, not just a formality. For workers, this also means an immigration opportunity tied to a stable, long-term job.

6. What should businesses and workers prepare for in 2026?

Since the queue can’t be shortened, what both sides can control is starting early and filing accurately. U.S. immigration law firms typically recommend that businesses start the PERM process at least twenty-four months before the position needs to be filled, to leave enough room for wage determination, recruitment, and responding to a possible audit. Early workforce planning helps track important milestones and avoid being caught off guard.

For a high-skilled worker currently being sponsored, there are a few things worth keeping in mind:

• First, avoid changing jobs, job titles, or work locations while the PERM case is pending, since the filing is tied to a specific position; major changes could force the process to start over.
• Second, make sure to prepare complete documentation proving experience and training, since this is exactly what establishes eligibility for the EB3 skilled workers category.
• Third, understand that a case sitting for more than eighteen months without an audit notice is normal in 2026, not a sign that something has gone wrong.

One policy note: in 2026, the Department of Labor added a proposal to its regulatory agenda to modernize the PERM system, with a name related to updating how the labor market test is conducted and strengthening protections for U.S. workers. As of early July 2026, this proposal is still in draft stage and has not changed the filing rules for pending or new cases. So current regulations still apply, and businesses don’t need to pause filing just because a proposal is under review. Still, keeping a close eye on this development remains important for anyone planning to hire skilled workers in the U.S.

7. Frequently asked questions about PERM and high-skilled workers (FAQ)

What is PERM and why is it needed for high-skilled workers?
PERM is a labor certification issued by the U.S. Department of Labor, confirming that no qualified U.S. worker is available for the position. This is the mandatory first step to sponsor a high-skilled worker under the EB3 category.

How long does the PERM process take in 2026?
The analyst review stage alone averages around 501 to 503 days. Including the preparation steps, a complete case typically takes eighteen months to more than two years if it isn’t audited.

Can you pay to process PERM faster?
No. The PERM process has no priority review service. Premium processing only applies to the I-140 step, after PERM has already been certified.

Does the high-skilled worker have to pay for PERM costs?
No. The law requires the employer to bear all costs related to the PERM certification step, including attorney fees and recruitment advertising costs.

Who qualifies for the EB3 skilled workers category?
Someone with at least two years of training or experience relevant to the position, along with a full-time, permanent job offer from a U.S. employer, can qualify for the EB3 skilled workers category.

8. Conclusion

The fact that a U.S. manufacturer is willing to wait more than a year for a high-skilled worker isn’t a paradox — it’s a direct consequence of how the PERM process is structured and the case backlog in 2026. The long wait comes from three combined factors: the mandatory wage determination and recruitment steps at the front of the chain, a review queue at the Department of Labor of nearly sixteen and a half months, and the risk of an audit that can add several more months. Even so, given the ongoing labor shortage, businesses continue to pursue this path patiently because the need is real. For both businesses and workers, the key to navigating the journey of hiring skilled workers in the U.S. smoothly lies in starting early, preparing accurate documentation, and understanding where the EB3 skilled workers category fits into the overall immigration path.

Learn more:

• Why Are U.S. Businesses “Hungry” for EB3 Skilled Workers?
• The Electric Vehicle (EV) Wave in the U.S. and the Retraining Challenge for EB3 Auto Mechanics
• EB3 Program – The Safest and Most Transparent Pathway to U.S. Permanent Residency for Vietnamese Workers in 2026
• EB3 Visa Interview Experience at the U.S. Consulate in 2026: The Most Frequently Asked Questions