DOL Releases Updated PERM and Prevailing Wage Processing Times
The U.S. Department of Labor (DOL) has released its latest processing time update for PERM labor certification applications and Prevailing Wage Determinations (PWDs), providing employers and foreign workers with important insight into current case processing.
As of June 30, 2026, the DOL is conducting analyst review of PERM applications filed in June 2025 or earlier, while audit review is underway for PERM applications filed in December 2025 or earlier. The agency is also reviewing requests for reconsideration that were filed in February 2026 or earlier.
For prevailing wage requests, the DOL is issuing OEWS-based PWDs for PERM and H-1B cases filed in April 2026, while non-OEWS prevailing wage requests are being processed for filings submitted in March 2026. In addition, the agency is processing prevailing wage redetermination requests filed in April 2026 and PERM Center Director Reviews requested in May 2026.
These updated timelines highlight the continued importance of early planning for PERM-based green card cases and H-1B filings, as labor certification and prevailing wage processing remain significant components of employment-based immigration planning. Employers should account for these processing times when developing hiring and immigration strategies.
The complete processing time reports are available on the Department of Labor’s FLAG website.
Maintaining F-1 Status and Lawful Employment During the H-1B Cap-Gap Period: A Practical Guide for Students and Employers
Maintaining F-1 status and continuing to work lawfully during the transition to H-1B requires careful planning. The correct strategy depends on where the student is in the F-1 lifecycle.
1. If the student is on valid OPT or STEM OPT (Best Option)
This is the most straightforward situation.
- The employer files a cap-subject H-1B petition requesting change of status while the student’s OPT/STEM OPT is still valid.
- If the petition is timely filed and otherwise qualifies, the student generally receives an automatic cap-gap extension of both F-1 status and employment authorization until October 1 (or until the petition is denied, withdrawn, revoked, or otherwise terminated).
The student should:
- Obtain an updated Cap-Gap I-20 from the DSO.
- Provide the updated I-20 to the employer for I-9 purposes.
- Continue working only in accordance with OPT/STEM OPT rules.
2. If the student is in the 60-day grace period
If the H-1B is filed during the grace period:
- The student generally receives an extension of F-1 status only.
- No employment authorization is extended.
- The student may remain in the U.S. but cannot work until H-1B status becomes effective.
If cap-gap work authorization ends (or is unavailable), the safest approach is:
- Remain in valid F-1 status if eligible.
- Take an unpaid leave of absence if employment authorization has ended.
- Resume work only after lawful employment authorization exists (for example, H-1B becomes effective or other work authorization is obtained).
4. Use STEM OPT whenever possible
Students eligible for the 24-month STEM OPT extension should generally file for it.
Advantages include:
- Up to three H-1B lottery attempts.
- Continuous work authorization.
- Reduced risk if the H-1B is not selected or is delayed.
5. Begin a Higher Degree Program
If employment authorization ends and H-1B is not available:
- Transfer the SEVIS record to another academic program.
- Begin the new program on time.
- Maintain F-1 status through full-time study.
- Work only when authorized (CPT or future OPT).
6. Day-1 CPT (Use with Caution)
Some universities offer Day-1 CPT.
Although legal when the program legitimately requires immediate practical training, USCIS closely scrutinizes these cases. Students should ensure:
- The school is accredited.
- The program is academically legitimate.
- CPT is integral to the curriculum.
- The employment fully complies with school authorization.
Poorly structured Day-1 CPT arrangements can create future H-1B, extension, or green card issues.
7. Consular Processing Instead of Change of Status
If maintaining F-1 status becomes difficult:
- File the H-1B for consular processing instead of change of status.
- Continue maintaining F-1 status independently if possible.
- Depart the U.S., obtain an H-1B visa, and re-enter in H-1B status when appropriate.
8. Avoid Unauthorized Employment
Students should never:
- Continue working after OPT authorization expires unless covered by a valid cap-gap employment authorization.
- Work while only the 60-day grace period is in effect.
- Work based solely on a pending H-1B petition if employment authorization has expired.
Unauthorized employment can jeopardize both F-1 and future H-1B or green card eligibility.
Practical Planning for Employers
For employers hiring F-1 students, the most reliable strategy is:
- File STEM OPT if eligible.
- Register for the H-1B lottery.
- File the H-1B with change of status while OPT/STEM OPT remains valid.
- Obtain a Cap-Gap I-20 from the school.
- If employment authorization expires before H-1B becomes effective, place the employee on unpaid leave rather than allowing unauthorized work.
- If the H-1B is not selected, consider alternatives such as cap-exempt H-1B employment, O-1 (if qualified), L-1 (if eligible), E-2/E-3/TN where applicable, or enrollment in a new academic program to maintain F-1 status along with Day 1 CPT.
Why Your Immigration History Now Matters More Than Ever Before You File for a Green Card
U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo (PM-602-0199) that has caused understandable concern among green card applicants. The next day, USCIS announced the change with a striking headline: adjustment of status will be granted “only in extraordinary circumstances,” and temporary visa holders who want a green card should return to their home country to apply.
The headline sounds alarming. The reality is more nuanced — and understanding the difference matters for your case.
What actually changed?
Importantly, the law did not change. The memo does not create new eligibility requirements, and it does not stop anyone from filing an I-485 adjustment application inside the United States. What it does is instruct USCIS officers to treat in-country adjustment as a discretionary benefit — something the government grants after weighing every positive and negative factor in your history, rather than an automatic right.
USCIS also clarified, one day after the announcement, that the policy will be applied case by case, and that applicants who provide economic benefit or serve the national interest will likely be able to continue on their current path.
Why your history is now the deciding factor
Because officers must now document their reasoning, anything in your immigration record can help you or hurt you. The memo specifically flags certain items as “highly relevant” negative factors, including:
- Overstaying a visa or parole period
- Failing to maintain lawful status
- Working without authorization
- Prior fraud or misrepresentation with a government agency
- Entering on a temporary visa with the intent to stay permanently (for example, a visitor or student who moves into the green card process very quickly)
The memo also makes clear that simply having a clean record is not enough on its own — a strong application should affirmatively show why the applicant deserves a favorable decision.
What this means for you?
- Dual-intent workers (H-1B, L-1) and their families are in a relatively strong position, because pursuing a green card is consistent with these visa categories.
- Family-based applicants — including spouses of U.S. citizens — should prepare more carefully, especially where there has been any overstay or gap in status.
- Everyone should have their immigration timeline reviewed before filing. A departure to process abroad can sometimes trigger a 3- or 10-year bar to reentry, so leaving the country is not automatically the safer choice.
The bottom line
The public message says the door is closing. The truth is the door is still open — but only for a well-documented file. Before you file, let us review your complete immigration history, identify any issues, and build the strongest possible case for approval.
If you have a pending green card application or are planning to file, contact our office to schedule a review. The right preparation today can make the difference between approval and a costly setback.
