Key Points
- USCIS and DOL processing times have significantly increased, affecting visa applicants and employers.
- H-1B and L-1 processing times have doubled, averaging 6-8 months.
- PERM labor certification adjudications take over 16 months, increasing from 462 to 489 days in early 2025.
- Employers should file extensions early, track visa expirations, and consider premium processing to mitigate delays.
- Ongoing policy changes and funding constraints may extend processing times in the coming months.
USCIS Processing Times Continue to Increase
Due to increased application processing times, the US Citizenship and Immigration Services (USCIS) and the Department of State (DOL) are experiencing significant challenges. These delays have not been transparently communicated to stakeholders.
While USCIS previously reported improved processing times for some applications, many applications are experiencing delays that are not reflected in the agency’s official metrics.
This inconsistency confuses employers and foreign national employees who depend on timely processing for work authorization and immigration status.
DOL Processing Times Continue to Increase
DOL also faces increased workloads, particularly with its PERM Labor Certification process.
The lack of clear communication regarding these delays has led to frustration. Employers are navigating the complexities of hiring foreign workers while managing compliance and operational needs. CIP PC is committed to providing best practices to help effectively manage these processing delays and ensure smooth operations.
Specific Processing Time Increases:
- H-1B Petitions: Processing times for H-1B Change of Status/Extension petitions have risen to approximately 6-8 months, a notable increase from the previous 2-4 months.
- L-1 Petitions: L-1 petitions filed with USCIS have been processed in approximately 6 months.
- Prevailing Wage Determinations (PWD): The DOL takes approximately 6-8 months to process PWDs Filed in June 2024. The National Prevailing Wage Center (NPWC) processes PWDs filed in June 2024.
- Permanent Labor Certification (PERM): Average PERM processing times have been steadily increasing and were over 16 months as of February 1, 2025. On average, the DOL takes approximately 489 days to adjudicate PERM applications if no audit is issued. This is an increase from the 462-day processing time posted in January 2025.
Employer Recommendations for Managing Increased Visa Processing Times
Here are our best practices for navigating visa processing delays:
- Track Visa Expirations: Employers should closely monitor visa expirations and 240-day automatic extensions for pending cases to avoid disruptions in work authorization.
- Early Extension Filings: Initiate extension requests for individuals in H-1B or L-1 status as early as possible, ideally 180 days before their current status expires.
- Premium Processing: Consider adding premium processing to H-1B and L-1 extensions filed with USCIS. If the initial filing does not include Premium Processing, add it if the extension remains pending with USCIS 150 days after the current petition expiration. This can help avoid potential gaps in employment authorization due to extended processing times, allowing time for a Request for Evidence (RFE) and response if needed.
- Begin the PERM Process Early: Employers should begin the PERM process at least three years before an individual’s maximum stay in nonimmigrant status.
Navigating Increased Processing Times Amid Policy Changes
The ongoing changes in the current administration’s immigration policies, especially funding and staffing reductions, will likely exacerbate processing times for immigration applications. These delays will likely worsen in the coming months. As USCIS grapples with these challenges, the average wait times for various applications—including work visas and permanent residency—will likely increase. Some estimates suggest processing times could reach historically high levels.
Employers and foreign national employees should engage closely with immigration counsel to navigate this complex landscape effectively, ensuring they remain compliant and prepared for potential delays in their immigration processes. This proactive approach is crucial as the immigration environment becomes increasingly uncertain. Anticipated policy shifts may further complicate application procedures and requirements.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
