PERM takes 503 days on average. If you started H-1B in October 2022, your PERM filing deadline is approaching. Miss it and you lose your path to a 7th year.
The H-1B visa is valid for a maximum of 6 years — three years, then a three-year extension. After that, you must leave unless you have a green card process sufficiently advanced to qualify for a 7th-year extension under AC21. The critical milestone: your PERM application must have been pending for at least 365 days before your 6-year cap-out. With PERM processing now averaging 503 days, that means you need to file PERM by the end of your 4th H-1B year — with almost no room for error.
| Company | H-1B Filings | PERM Volume |
|---|---|---|
| Amazon | 55,150 | Very High |
| Microsoft | 34,626 | Very High |
| 33,416 | Very High | |
| Infosys | 32,840 | High |
| Tata Consultancy Services | 28,950 | High |
| Cognizant | 26,700 | High |
| Deloitte | 18,200 | High |
| Apple | 15,800 | Very High |
| Meta | 14,900 | Very High |
| JPMorgan Chase | 12,400 | High |
The H-1B 6-year cap is a hard limit under INA Section 214(g)(4). The only way to extend beyond 6 years is through AC21 — the American Competitiveness in the 21st Century Act. AC21 provides two extension pathways: a 1-year extension if your I-140 was approved and your priority date is not current, OR ongoing 3-year extensions if your PERM or I-140 has been pending for 365+ days as of the 6-year cap-out date.
The 365-day clock starts the moment your PERM application is filed with the Department of Labor. With PERM averaging 503 days as of 2026, you cannot simply file PERM one year before your H-1B expires. You need PERM pending for 365 days before your cap-out, which means PERM must be filed at minimum 365 days before your 6th H-1B year ends — but practically you need it filed much earlier to account for processing variability and the I-140 filing that follows PERM approval.
The PERM backlog crisis has worsened in 2026. Average processing times reached 503 days in Q1 2026, up from ~400 days in 2024. Cases filed in early 2025 are being processed now. Cases filed in early 2026 will likely not be adjudicated until mid-2027 or later. This timeline means that any H-1B worker who started in 2022 and has not yet filed PERM is in a genuinely urgent situation.
| H-1B Start | 6-Year Cap-Out | PERM Must Be Pending By | Recommended File By |
|---|---|---|---|
| Oct 1, 2020 | Sep 30, 2026 | Sep 30, 2025 | DEADLINE PASSED |
| Oct 1, 2021 | Sep 30, 2027 | Sep 30, 2026 | File NOW — urgent |
| Oct 1, 2022 | Sep 30, 2028 | Sep 30, 2027 | File by Apr 2026 |
| Oct 1, 2023 | Sep 30, 2029 | Sep 30, 2028 | File by Sep 2026 |
| Oct 1, 2024 | Sep 30, 2030 | Sep 30, 2029 | File by Mar 2027 |
Q: What happens if I miss the PERM 4th year deadline?
A: If your PERM is not pending for 365 days before your 6-year H-1B cap-out, you cannot get the AC21 7th-year extension. Your H-1B expires at 6 years, and you must leave the U.S. unless you have another status. The only options at that point are: restart the H-1B process from scratch (new lottery), cap-exempt employment, O-1A, or departure and reentry. None are good. Prevention is everything.
Q: My employer is slow to start PERM. How do I push them?
A: Put it in writing. Email your immigration contact or HR stating your H-1B start date, the calculated deadline, and requesting a timeline for PERM initiation. Frame it as a business continuity issue — if PERM is not filed in time, the company loses you as an employee. Most immigration-experienced HR teams respond to urgency when it is documented and date-stamped.
Q: Can I switch employers and keep my PERM priority date?
A: No. PERM is employer-specific. If you change employers, the PERM is abandoned and the new employer must start a new PERM. However, if your I-140 was already approved at the old employer, you can port the priority date to a new employer's I-140 under AC21 portability after 180 days of I-140 approval. Protect your I-140 — it is the most valuable document in your immigration portfolio.
Q: What is the current PERM processing time in 2026?
A: As of March 2026, average PERM processing time is 503 days. Audit cases take 20-30+ months. Cases filed in early 2024 are completing now. Cases filed today will likely be adjudicated mid-2027 to late-2027. Plan accordingly — do not rely on PERM being approved quickly.
The right employer files PERM early and consistently. Search Wisa to identify companies with verified H-1B and PERM filing histories before your next job search.
Search PERM-Active Sponsors on Wisa →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →An H-1B worker who started October 1, 2022 hits their 6-year cap on September 30, 2028. PERM must be pending (filed and acknowledged by DOL) for 365 days before that date — meaning PERM must be filed by September 30, 2027 at the absolute latest. Given 503-day average processing times, filing PERM by April 2026 is strongly recommended to allow PERM approval, I-140 filing, and buffer for audits.
AC21 (American Competitiveness in the 21st Century Act) allows H-1B extensions beyond the 6-year limit if you have a PERM or I-140 that has been pending for 365+ days. You get 1-year extensions each time. If your I-140 is approved and your priority date is not current (very likely for India-born workers), you also qualify for 3-year extensions. Without an approved or pending I-140/PERM meeting the 365-day rule, your H-1B cannot be extended past 6 years.
Yes. The 365-day clock starts the day DOL receives your PERM application. The PERM does not need to be approved — it just needs to have been pending (filed and not yet decided) for 365 days. This is why filing PERM early is so critical even if DOL is backlogged. A PERM filed today that is still pending in 365 days satisfies the AC21 requirement.
Changing jobs while PERM is pending at the same employer is fine — internal transfers, title changes, and promotions generally do not void PERM unless the duties change substantially. Changing employers voids the PERM entirely. However, once your I-140 is approved and has been pending for 180 days, you can change employers under AC21 portability and keep your priority date, as long as the new job is in the same or similar occupational category.