Prevailing Wage Determination Processing Time: Where DOL's Queue Stands in October 2026

DOL is working June 2026 prevailing wage requests and December 2025 PERM filings. Here is what that queue means for your green card clock.

Part of our guide to H-1B wage levels.

If your employer has started your green card, the first thing that happens is not the PERM application. It is a request to the Department of Labor for a prevailing wage determination (PWD), and right now that request sits in a queue for months before anyone looks at it.

Here is the short answer to the prevailing wage determination processing time question. As of September 30, 2026, DOL's FLAG processing-times page shows the National Prevailing Wage Center (NPWC) working on PERM and H-1B prevailing wage requests filed in June 2026. That covers both OEWS and non-OEWS requests. For PERM requests, redeterminations and Center Director reviews are at July 2026. Once the PWD is issued and recruitment is done, the PERM application itself waits in a second queue. As of October 5, 2026, PERM analyst review is on December 2025 priority dates, with an average of 336 calendar days.

Below: the dated queue, what it means on OPT, STEM OPT or H-1B, and how to check your case.

Status line: what is true on October 14, 2026

• In effect: DOL is processing PWD requests filed in June 2026 and PERM applications with December 2025 priority dates. Source: DOL FLAG processing times.
• In effect: There is no shutdown. The continuing resolution (P.L. 119-103) funds the government through December 11, 2026, so DOL's labor certification systems are running. Shutdown risk returns from December 12, 2026 if Congress does not act.
• In effect (announced October 8, 2026): DOL said it will not accept or process PERM labor certifications for eight named employers. No written notice has appeared on FLAG and no end date was given. The action covers PERM only. H-1B petitions and H-1B status are not touched by it.
• Proposed: The DOL prevailing wage rule (RIN 1205-AC30) would raise every wage level. It is not final and has no effective date.

Where the DOL queue stands: the October 2026 table

Source: DOL FLAG processing times, as of October 2026 (snapshot dates shown). H-1B redeterminations are listed separately on the live page. DOL updates it regularly, and the live page, not this table, is the source of truth.

DOL publishes the month it is working on, not a guaranteed wait. A June 2026 request being worked at the end of September implies a lag of roughly three to four months. That is our arithmetic from DOL's dates, not a DOL figure, and the queue can move either way.

What "OEWS" and "non-OEWS" mean for your prevailing wage determination time

Most PWD requests are OEWS requests. DOL looks up the Occupational Employment and Wage Statistics wage for the occupation (SOC code) and the job's location, then assigns a wage level based on the job's requirements. If you want the mechanics of how the level gets set, our explainer on how the H-1B prevailing wage is determined walks through the four levels and the factors that push a job up a level.

Non-OEWS requests cover situations where the wage comes from another source. Examples are an employer-provided survey, a collective bargaining agreement, or an occupation where OEWS data does not fit. These requests may need more analyst attention, but in the September 30 snapshot both kinds sit at June 2026.

If the employer disagrees with the wage DOL issues, it can ask for a redetermination and then a Center Director review. Those requests have their own queue, currently July 2026 for PERM. Each round of review adds time before PERM recruitment can be built around a final wage.

The full DOL stack: step by step

Here is the order of events in a typical PERM case. Only the two DOL review stages (steps 2 and 6) have published queues.

1. Job description and requirements are finalized. Your employer and its attorney lock the duties, minimum education and experience. This drives the SOC code and the wage level.
2. Employer files ETA-9141 for a prevailing wage determination through DOL's FLAG system. It then waits in the PWD queue (June 2026 requests as of September 30).
3. DOL issues the PWD. The determination shows a wage and a validity window. Timing rules tie recruitment and filing to that window, so your attorney plans the next steps around it.
4. Recruitment. The employer runs the required recruitment to test the US labor market and documents the results. Our guide to how long PERM labor certification really takes covers the mandatory waiting periods inside this phase.
5. Employer files ETA-9089 (the PERM application). The filing date becomes your priority date for the green card.
6. PERM analyst review. DOL is on December 2025 priority dates, an average of 336 calendar days as of October 5, 2026. Some cases are pulled into audit review, also at December 2025.
7. Certification, then Form I-140 at USCIS. After DOL certifies the PERM, your employer files the immigrant petition. See the USCIS I-140 page for the current edition and filing instructions.

Add the PWD lag, recruitment and the 336-day average analyst review, and the DOL portion alone can run well over a year.

Why the PWD clock matters if you are on OPT, STEM OPT or H-1B

The PWD is not a status document. A pending PWD does not extend your OPT, your STEM OPT or your H-1B. It does not count as a PERM filing either. Three practical consequences follow.

If you are on H-1B and counting toward six years. Extensions beyond the six-year limit under AC21 section 106(a) generally depend on a PERM or I-140 filed at least 365 days earlier. The PERM filing date, not the PWD request date, is what counts for that rule. A slow PWD queue pushes back the date a PERM can be filed. If you are close to your sixth year, ask your employer's immigration attorney how the PWD and recruitment timing lines up with your H-1B end date.

If you are on STEM OPT and your employer starts PERM early. Some employers begin green card steps while you are still on STEM OPT, often because H-1B selection is uncertain. Starting PERM while on F-1 raises immigrant-intent questions that you should talk through with a lawyer before you travel or apply for a visa stamp. Our post on PERM and I-140 while on OPT explains the issue. For anything that touches your SEVIS record or OPT reporting, ask your DSO.

If your employer asks for an H-1B PWD. Most H-1B Labor Condition Applications use the published OEWS wage without an individual determination. Some employers request an H-1B PWD anyway. Those requests share the same June 2026 queue, so they can slow an LCA plan that would otherwise move quickly.

The proposed prevailing wage rule: old rule, proposed rule, what to watch

DOL published a proposed rule, "Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States" (RIN 1205-AC30), on March 27, 2026. Comments closed May 26, 2026. As of October 14, 2026 there is no final rule, so there is no effective date. The full text is on the Federal Register.

How a final rule would treat pending requests depends on wording that does not exist yet. We cover the scenarios in what the DOL prevailing wage NPRM means for your PERM case.

How to check PERM status (and your PWD)

Employees asking how to check PERM status usually find they cannot log in to anything, because the FLAG account belongs to your employer or its law firm. What you can do:

1. Ask for three facts in writing: the PWD request date (or the PERM filing date), the case number, and the status shown in FLAG.
2. Compare your date with the live queue. Open the FLAG processing-times page. If your PWD request was filed in June 2026 and DOL says it is working June 2026, you are at or near the front of the queue.
3. Check whether you are in audit or reconsideration. Those are separate lines in the table, with their own timelines.
4. Track the hand-off to USCIS. Once DOL certifies the PERM, your employer files the I-140. From then on the case number and status live with USCIS, not DOL.
5. Bookmark the official landing pages. DOL's Office of Foreign Labor Certification posts program announcements and processing notices.

If your employer is one of the eight named in the PERM suspension

On October 8, 2026, DOL announced it would not accept new PERM labor certifications, or process pending ones, involving Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. No end date or legal basis was stated, and no written DOL notice had appeared on FLAG as of October 13. The announcement covers PERM. It does not end anyone's H-1B status. If you work for one of these employers, ask your immigration attorney how it affects each stage of your case, including any pending prevailing wage request. Our breakdown of the DOL PERM suspension covers what is and is not affected.

Common mistakes

• Treating the PWD queue as the whole wait. The PWD is the first of several DOL stages. The 336-day average for PERM analyst review comes after it, not instead of it.
• Reading the "month being processed" as a promise. The queue can slow down.
• Assuming a pending PWD protects your status. It does not extend OPT, STEM OPT or H-1B, and it is not a PERM filing for AC21 purposes.
• Planning around the proposed wage levels as if they were law. RIN 1205-AC30 is a proposal with no effective date. Today's PWDs use today's levels.
• Mixing up DOL and USCIS status tools. PWD and PERM status live in DOL's FLAG system. I-140 status lives with USCIS. Your case number format and status page change at the hand-off.
• Asking the wrong professional. Wage levels, PERM timing and the six-year H-1B limit are attorney questions. SEVIS, OPT reporting and F-1 travel signatures are DSO questions.

Frequently asked questions

What is the prevailing wage determination processing time right now?

As of September 30, 2026, DOL's FLAG processing-times page shows the NPWC working on PERM and H-1B prevailing wage requests filed in June 2026, for both OEWS and non-OEWS requests. That implies a request filed today waits roughly three to four months or more before a determination. Always check the live FLAG page, because DOL updates it regularly.

How long does PERM analyst review take after the prevailing wage is issued?

As of October 5, 2026, DOL reports PERM analyst review is on applications with December 2025 priority dates, with an average of 336 calendar days for determinations issued in August 2026. That clock starts only after your employer files the ETA-9089, which happens after the PWD and the recruitment phase are complete.

Does the proposed DOL prevailing wage rule change my pending PWD?

Not today. The DOL prevailing wage rule (RIN 1205-AC30) was proposed on March 27, 2026, its comment period closed May 26, 2026, and no final rule has been published, so it has no effective date. How a final rule would treat requests already pending would depend on its text, so ask your employer's immigration attorney when one is published.

How do I check my PERM status as an employee?

In most cases the FLAG account belongs to your employer or its immigration attorney, not to you. Ask them for the filing date, the case number and the current status shown in FLAG. Then compare your filing month with the queue on DOL's processing-times page to estimate where you stand.

Does an H-1B petition need a prevailing wage determination?

Usually not. For the Labor Condition Application, most employers use the published OEWS wage for the occupation and area rather than requesting an individual determination from DOL. An employer can request an H-1B prevailing wage determination, and those requests sit in the same June 2026 queue as PERM requests.

Sources

• DOL FLAG processing times (PWD and PERM queues): https://flag.dol.gov/processingtimes
• DOL Office of Foreign Labor Certification: https://www.dol.gov/agencies/eta/foreign-labor
• Federal Register, DOL prevailing wage NPRM (RIN 1205-AC30): https://www.federalregister.gov/documents/2026/03/27/2026-06017/improving-wage-protections-for-the-temporary-and-permanent-employment-of-certain-foreign-nationals
• USCIS Form I-140: https://www.uscis.gov/i-140

This article explains how the DOL process works and is not legal advice. Your own notices and your attorney's advice govern your case.

A slow DOL queue makes it more important that the sponsor you land is one that actually runs PERM cases. If you are on OPT or STEM OPT and want help targeting employers with a real sponsorship track record, talk to F1Jobs.