What’s the PERM denial rate?

Across the current disclosure window, 3.2% of decided PERM cases were denied (11,357 of 355,130). Withdrawn cases are excluded from both sides of that ratio.

What raises the risk of a PERM denial?

In DOL's own files the strongest correlates are a position that isn’t full time and a foreign worker with an ownership interest in the employer. Both are recorded on the ETA-9089 itself. These are group rates, not probabilities for an individual case.

Which occupations have the highest PERM denial rate?

Denial rates by occupation are on this page, ranked over the occupations with enough decided cases to carry a rate. The floor matters: an occupation with a handful of decisions can read as 25% denied on a single denial, so rates below the floor aren’t ranked at all.

Denial rates

What gets denied

The denial rates DOL's files record, by the factors the form asks about, by job, and by worksite.

DOL disclosure files: FY2026_Q3 + FY2025_Q4 + New_Form_FY2024_Q4 + FY2024_Q4

17x the field

A PERM case is denied 3.2% of the time. A case where the position isn’t full time is denied 54.29% of the time, 17x the rate of the field, on 396 decided cases.

11,357 denials in 355,130 decided cases

3.2%

is the field baseline: 11,357 denials in 355,130 decided cases. Withdrawn cases sit on neither side of that ratio, because a withdrawal is neither an approval nor a denial. It’s the reference every other rate is measured against.

What these rates can and can’t tell you

Each bar is the denial rate of a group. It isn’t the probability that a particular case is denied, and the factors are not independent of each other: wage correlates with occupation, which correlates with everything else. A single blended risk score built from these would read as precision the data can’t support, so these are the measured rates, unblended.

Two limits worth knowing before reading a ranking. A rate over a small group is mostly noise, so the occupation and state rankings carry a minimum population and print the 95% range beside every rate. And a year-by-year split is the only cut DOL's files support: the wage, occupation and state rates each span the whole window, FY2026_Q3 + FY2025_Q4 + New_Form_FY2024_Q4 + FY2024_Q4.

Where the denials actually are

A rate answers “how often does this group get denied”. It says nothing about how many denials the group accounts for, and on this data the two answers disagree. The three factors the ETA-9089 asks about carry the highest rates on the page and together explain 4.8% of all denials. Cases in the under $40k band carry a middling rate and are 35% of them, against 23% of decided cases.

By offered wage

Under $40k

3,970 of 80,118 denied
23% of cases
35% of denials
$40k to $50k

1,193 of 16,436 denied
4.6% of cases
11% of denials
$50k to $60k

700 of 15,857 denied
4.5% of cases
6.2% of denials
$60k to $70k

880 of 12,690 denied
3.6% of cases
7.7% of denials
$70k to $80k

460 of 13,013 denied
3.7% of cases
4.1% of denials
$80k to $90k

435 of 15,920 denied
4.5% of cases
3.8% of denials
$90k to $100k

557 of 18,561 denied
5.2% of cases
4.9% of denials
$100k to $115k

680 of 30,188 denied
8.5% of cases
6.0% of denials
$115k to $130k

611 of 33,022 denied
9.3% of cases
5.4% of denials
$130k to $160k

891 of 65,782 denied
19% of cases
7.8% of denials
$160k and above

850 of 52,851 denied
15% of cases
7.5% of denials

The outlined bar is the wage band's share of every decided case. The solid bar is its share of every denial. A solid bar longer than its outline means denials land there more often than case volume alone would put them.

Each offered-wage band's share of decided cases and share of all denials
Wage band	Decided	Denied	Share of cases	Share of denials
Under $40k	80,118	3,970	23%	35%
$40k to $50k	16,436	1,193	4.6%	11%
$50k to $60k	15,857	700	4.5%	6.2%
$60k to $70k	12,690	880	3.6%	7.7%
$70k to $80k	13,013	460	3.7%	4.1%
$80k to $90k	15,920	435	4.5%	3.8%
$90k to $100k	18,561	557	5.2%	4.9%
$100k to $115k	30,188	680	8.5%	6.0%
$115k to $130k	33,022	611	9.3%	5.4%
$130k to $160k	65,782	891	19%	7.8%
$160k and above	52,851	850	15%	7.5%

By what the form declares

Employer had a layoff

56 of 10,222 denied
2.9% of cases
0.5% of denials
Worker has an ownership interest

275 of 1,308 denied
0.4% of cases
2.4% of denials
Position isn’t full time

215 of 396 denied
0.1% of cases
1.9% of denials

The outlined bar is the declared factor's share of every decided case. The solid bar is its share of every denial. A solid bar longer than its outline means denials land there more often than case volume alone would put them.

Each declared factor's share of decided cases and share of all denials
Declared factor	Decided	Denied	Share of cases	Share of denials
Employer had a layoff	10,222	56	2.9%	0.5%
Worker has an ownership interest	1,308	275	0.4%	2.4%
Position isn’t full time	396	215	0.1%	1.9%

The three declared factors overlap, and most cases declare none of them, so those bars don't sum to the field. The wage bands do, apart from 692 decided cases whose offered wage couldn't be annualised from what DOL recorded.

By what the form declares

Three questions on the ETA-9089 separate almost all of the denials from the rest of the field.

Employer had a layoff

0.2x the field 0.55% of 10,222

A layoff in the same or a related occupation in the six months before filing (Form 9089, Section G, Item 12).

Worker has an ownership interest

6.6x the field 21.02% of 1,308

The foreign worker holds an ownership interest in the employer (Section A, Item 16).

Position isn’t full time

17x the field 54.29% of 396

The job opportunity isn’t full time (Section G, Item 1).

Field baseline, 3.20% Above the field Twice the field or more

Denial rate for each factor the ETA-9089 records, with its decided-case count and 95% range
		95% range			vs field
Position isn’t full timeThe job opportunity isn’t full time (Section G, Item 1).	54.29%	49.37–59.13%	215	396	17x the field
Worker has an ownership interestThe foreign worker holds an ownership interest in the employer (Section A, Item 16).	21.02%	18.90–23.32%	275	1,308	6.6x the field
Employer had a layoffA layoff in the same or a related occupation in the six months before filing (Form 9089, Section G, Item 12).	0.55%	0.42–0.71%	56	10,222	0.2x the field

One of the three runs the other way. Employer had a layoff is denied 0.55% of the time, below the 3.2% field rate, on 10,222 decided cases. That's an association, not a cause: declaring a layoff triggers a notification requirement, and the employers who reach that question are the ones already working through it with counsel.

By offered wage

Denial rate against the wage the employer offered. In 11 bands, because five is too few to see what this one does.

Under $40k

1.5x the field 4.96% of 80,118

$40k to $50k

2.3x the field 7.26% of 16,436

$50k to $60k

1.4x the field 4.41% of 15,857

$60k to $70k

2.2x the field 6.93% of 12,690

$70k to $80k

1.1x the field 3.53% of 13,013

$80k to $90k

0.9x the field 2.73% of 15,920

$90k to $100k

0.9x the field 3.00% of 18,561

$100k to $115k

0.7x the field 2.25% of 30,188

$115k to $130k

0.6x the field 1.85% of 33,022

$130k to $160k

0.4x the field 1.35% of 65,782

$160k and above

0.5x the field 1.61% of 52,851

Field baseline, 3.20% Above the field Twice the field or more

Denial rate for each offered-wage band, with its decided-case count and 95% range
		95% range			vs field
$40k to $50k	7.26%	6.87–7.67%	1,193	16,436	2.3x the field
$60k to $70k	6.93%	6.51–7.39%	880	12,690	2.2x the field
Under $40k	4.96%	4.81–5.11%	3,970	80,118	1.5x the field
$50k to $60k	4.41%	4.11–4.75%	700	15,857	1.4x the field
$70k to $80k	3.53%	3.23–3.87%	460	13,013	1.1x the field
$90k to $100k	3.00%	2.77–3.26%	557	18,561	0.9x the field
$80k to $90k	2.73%	2.49–3.00%	435	15,920	0.9x the field
$100k to $115k	2.25%	2.09–2.43%	680	30,188	0.7x the field
$115k to $130k	1.85%	1.71–2.00%	611	33,022	0.6x the field
$160k and above	1.61%	1.50–1.72%	850	52,851	0.5x the field
$130k to $160k	1.35%	1.27–1.45%	891	65,782	0.4x the field

The rate broadly falls as the wage rises, from 4.96% at the bottom to 1.35% at $130k to $160k, a 3.7-fold difference. It doesn't fall smoothly, and it turns back up at the top: $160k and above is denied 1.61% of the time, on 52,851 decided cases.

Where you draw the bands changes the picture, which is why they're drawn narrow here. The highest rate in the data is 7.26% at $40k to $50k, on 16,436 decided cases. Averaged into the five wide bands DOL's own reporting suggests, that peak disappears inside a bucket reporting 5.22%. Neither number is wrong. The narrow one is the one that shows you something.

What the bumps mean isn't something this data can say. Wage tracks occupation, which tracks employer and who files with counsel, and DOL denies on the record rather than on the salary. That entanglement is the same reason nothing on this page is blended into a score. 692 decided cases carry no wage that could be annualised from what DOL recorded, so they sit in no band.

By fiscal year

The rate moves year to year, so every figure here carries its year. It moves a long way: 2025 was 1.78% and 2024 was 4.65%, a 2.6-fold difference over the same programme, on nothing an applicant controls. A year isn't a factor in a case; it's the reason a rate quoted without one is worth little.

FY 2024

1.5x the field 4.65% of 106,972

FY 2025

0.6x the field 1.78% of 140,251

FY 2026

1.1x the field 3.59% of 107,907

Field baseline, 3.20% Above the field Twice the field or more

Denial rate for each fiscal year in the window, with its decided-case count and 95% range
		95% range			vs field
FY 2024	4.65%	4.53–4.78%	4,978	106,972	1.5x the field
FY 2026	3.59%	3.49–3.71%	3,879	107,907	1.1x the field
FY 2025	1.78%	1.71–1.85%	2,500	140,251	0.6x the field

By occupation

Denials cluster in a handful of job families and are close to absent in others. Occupations below the minimum population carry no rate.

Min cases

250 occupations clear this floor

Combined Food Preparation and Serving Workers, Including Fast Food

15x the field 47.51% of 221

35-3021

Janitors and Cleaners Except Maids and Housekeeping Cleaners

10x the field 32.30% of 517

37-2011

Heavy and Tractor-Trailer Truck Drivers

9.3x the field 29.91% of 2,434

53-3032.00

Landscape Laborer

9.3x the field 29.78% of 900

37-3011

Construction Laborers

6.4x the field 20.44% of 181

47-2061

CAREGIVER

5.9x the field 18.96% of 617

31-1011

Maids and Housekeeping Cleaners

5.7x the field 18.37% of 430

37-2012

Nannies

5.2x the field 16.67% of 174

39-9011

N/A

5.2x the field 16.49% of 285

25-2021

Packers and Packagers, Hand

4.8x the field 15.35% of 495

53-7064

Nursing Assistants

4.6x the field 14.64% of 765

31-1014

Farmworkers, Farm, Ranch, and Aquacultural Animals

4.4x the field 14.10% of 390

45-2093.00

Field baseline, 3.20% Above the field Twice the field or more

The 12 highest denial rates among the 250 occupations with at least 100 decided cases. The full ranking carries a 95% range on every rate.

Search Job family

All 250 occupations

Rows

Occupation denial rates with their decided-case counts and 95% ranges

1	Combined Food Preparation and Serving Workers, Including Fast Food	47.51%	41.03–54.08%	105	221	15x the field
2	Janitors and Cleaners Except Maids and Housekeeping Cleaners	32.30%	28.41–36.45%	167	517	10x the field
3	Heavy and Tractor-Trailer Truck Drivers	29.91%	28.12–31.76%	728	2,434	9.3x the field
4	Landscape Laborer	29.78%	26.88–32.85%	268	900	9.3x the field
5	Construction Laborers	20.44%	15.21–26.90%	37	181	6.4x the field
6	CAREGIVER	18.96%	16.07–22.24%	117	617	5.9x the field
7	Maids and Housekeeping Cleaners	18.37%	15.00–22.31%	79	430	5.7x the field
8	Nannies	16.67%	11.86–22.91%	29	174	5.2x the field
9	N/A	16.49%	12.63–21.24%	47	285	5.2x the field
10	Packers and Packagers, Hand	15.35%	12.45–18.80%	76	495	4.8x the field
11	Nursing Assistants	14.64%	12.31–17.32%	112	765	4.6x the field
12	Farmworkers, Farm, Ranch, and Aquacultural Animals	14.10%	11.00–17.91%	55	390	4.4x the field
13	Installation, Maintenance, and Repair Workers, All Other	13.96%	10.30–18.65%	37	265	4.4x the field
14	Heavy and TractorTrailer Truck Drivers	12.39%	10.25–14.89%	96	775	3.9x the field
15	ADMINISTRATIVE ASSISTANT	11.91%	8.37–16.68%	28	235	3.7x the field
16	Chief Executives	11.86%	8.03–17.16%	23	194	3.7x the field
17	Chefs and Head Cooks	11.64%	8.12–16.40%	27	232	3.6x the field
18	First-Line Supervisors of Landscaping, Lawn Service, and Groundskeeping Workers	11.52%	8.92–14.76%	53	460	3.6x the field
19	General and Operations Managers	11.14%	8.19–14.98%	37	332	3.5x the field
20	Secondary School Teachers, Except Special and CareerTechnical Education	11.03%	6.91–17.17%	16	145	3.4x the field
21	Bookkeeping, Accounting, and Auditing Clerks	10.23%	7.12–14.47%	27	264	3.2x the field
22	Farmers, Ranchers, and Other Agricultural Managers	9.62%	5.91–15.26%	15	156	3.0x the field
23	Coaches and Scouts	9.35%	6.59–13.11%	29	310	2.9x the field
24	Maintenance and Repair Workers, General	9.30%	6.33–13.47%	24	258	2.9x the field
25	Construction Laborers	9.22%	7.28–11.63%	63	683	2.9x the field
26	Construction Managers	9.22%	6.05–13.81%	20	217	2.9x the field
27	Transportation, Storage, and Distribution Managers	9.06%	6.26–12.94%	26	287	2.8x the field
28	Food Preparation Worker	8.98%	6.56–12.18%	36	401	2.8x the field
29	Self-Enrichment Teachers	8.89%	5.55–13.95%	16	180	2.8x the field
30	Waiters and Waitresses	8.78%	6.54–11.69%	41	467	2.7x the field
31	Administrative Services Managers	8.39%	4.87–14.09%	12	143	2.6x the field
32	First-Line Supervisors of Farming, Fishing, and Forestry Workers	8.31%	5.73–11.89%	26	313	2.6x the field
33	Food Service Managers	8.30%	6.10–11.18%	38	458	2.6x the field
34	Automotive Service Technicians and Mechanics	8.23%	5.33–12.49%	19	231	2.6x the field
35	Software Developers, Applications	8.19%	7.46–8.98%	413	5,044	2.6x the field
36	Sales Managers	8.05%	6.21–10.39%	53	658	2.5x the field
37	HelpersProduction Workers	8.00%	6.47–9.85%	80	1,000	2.5x the field
38	Nursing Assistants	7.93%	7.20–8.73%	380	4,794	2.5x the field
39	Cooks, Fast Food	7.86%	5.65–10.83%	33	420	2.5x the field
40	Office Clerks, General	7.69%	5.56–10.56%	34	442	2.4x the field
41	Medical and Health Services Managers	7.58%	4.64–12.12%	15	198	2.4x the field
42	Executive Secretaries and Executive Administrative Assistants	7.56%	5.05–11.18%	22	291	2.4x the field
43	General and Operations Managers	7.48%	6.22–8.97%	105	1,404	2.3x the field
44	FirstLine Supervisors of Retail Sales Workers	7.41%	4.29–12.50%	12	162	2.3x the field
45	COMPUTER SYSTEMS ANALYSTS	7.38%	6.09–8.94%	96	1,300	2.3x the field
46	Sales Representatives, Wholesale and Manufacturing, Technical and Scientific Pro	7.33%	4.14–12.65%	11	150	2.3x the field
47	Bus and Truck Mechanics and Diesel Engine Specialists	7.33%	4.14–12.65%	11	150	2.3x the field
48	Retail Salespersons	7.32%	5.05–10.51%	26	355	2.3x the field
49	Receptionists and Information Clerks	7.31%	4.55–11.54%	16	219	2.3x the field
50	Cooks, Restaurant	7.23%	5.62–9.26%	57	788	2.3x the field

These are the occupations DOL's files record the most cases for, so a job with very few filings nationally isn’t here at all. Volume, median wage and processing days for each one sit on the occupation index.

By worksite state

DOL works one national queue, so this ranks where denials land. Several states decide too few cases to carry a rate at all, which is what the floor is for.

Min cases

54 states clear this floor (1 below it, not ranked)

Northern Mariana Islands

6.7x the field 21.46% of 233

Puerto Rico

4.2x the field 13.33% of 135

Wyoming

3.5x the field 11.11% of 144

Tennessee

3.1x the field 9.96% of 3,945

North Dakota

2.6x the field 8.24% of 752

Oklahoma

2.1x the field 6.82% of 983

Missouri

2.1x the field 6.71% of 4,022

Montana

2.0x the field 6.34% of 363

Hawaii

2.0x the field 6.27% of 335

Vermont

1.9x the field 6.07% of 247

Field baseline, 3.20% Above the field Twice the field or more

The 10 highest denial rates among the 54 states with at least 100 decided cases. The full ranking carries a 95% range on every rate.

Search Region

All 54 states

Rows

State denial rates with their decided-case counts and 95% ranges

1	Northern Mariana Islands	21.46%	16.67–27.17%	50	233	6.7x the field
2	Puerto Rico	13.33%	8.60–20.09%	18	135	4.2x the field
3	Wyoming	11.11%	6.96–17.29%	16	144	3.5x the field
4	Tennessee	9.96%	9.07–10.94%	393	3,945	3.1x the field
5	North Dakota	8.24%	6.48–10.43%	62	752	2.6x the field
6	Oklahoma	6.82%	5.40–8.57%	67	983	2.1x the field
7	Missouri	6.71%	5.98–7.53%	270	4,022	2.1x the field
8	Montana	6.34%	4.26–9.33%	23	363	2.0x the field
9	Hawaii	6.27%	4.14–9.39%	21	335	2.0x the field
10	Vermont	6.07%	3.71–9.78%	15	247	1.9x the field
11	Kentucky	5.96%	4.81–7.37%	79	1,325	1.9x the field
12	Mississippi	5.43%	3.76–7.79%	27	497	1.7x the field
13	Maryland	5.02%	4.39–5.75%	199	3,961	1.6x the field
14	New Mexico	4.92%	3.49–6.90%	31	630	1.5x the field
15	Florida	4.91%	4.60–5.24%	865	17,605	1.5x the field
16	Guam	4.36%	2.95–6.41%	24	550	1.4x the field
17	South Carolina	4.29%	3.62–5.09%	126	2,936	1.3x the field
18	Arizona	4.20%	3.67–4.81%	199	4,736	1.3x the field
19	District of Columbia	4.19%	3.19–5.48%	50	1,194	1.3x the field
20	Utah	4.09%	3.45–4.85%	127	3,105	1.3x the field
21	New Jersey	3.93%	3.65–4.23%	681	17,339	1.2x the field
22	Pennsylvania	3.71%	3.33–4.13%	323	8,708	1.2x the field
23	Michigan	3.67%	3.29–4.09%	317	8,639	1.1x the field
24	Idaho	3.62%	2.48–5.25%	26	719	1.1x the field
25	Ohio	3.48%	3.10–3.90%	280	8,047	1.1x the field
26	California	3.41%	3.27–3.55%	2,176	63,807	1.1x the field
27	Nebraska	3.25%	2.49–4.22%	53	1,632	1.0x the field
28	Virginia	3.19%	2.86–3.56%	305	9,562	1.0x the field
29	Louisiana	3.17%	2.36–4.24%	43	1,358	1.0x the field
30	Kansas	3.04%	2.33–3.97%	52	1,708	0.9x the field
31	Colorado	3.02%	2.49–3.64%	103	3,415	0.9x the field
32	Texas	2.98%	2.81–3.15%	1,105	37,133	0.9x the field
33	Iowa	2.87%	2.16–3.79%	47	1,640	0.9x the field
34	Nevada	2.83%	2.09–3.83%	40	1,413	0.9x the field
35	Arkansas	2.77%	2.14–3.57%	57	2,060	0.9x the field
36	North Carolina	2.69%	2.38–3.03%	263	9,789	0.8x the field
37	Massachusetts	2.64%	2.37–2.95%	308	11,657	0.8x the field
38	Illinois	2.62%	2.38–2.90%	376	14,326	0.8x the field
39	New Hampshire	2.56%	1.75–3.73%	26	1,015	0.8x the field
40	Georgia	2.38%	2.19–2.59%	527	22,141	0.7x the field
41	Delaware	2.31%	1.64–3.24%	32	1,386	0.7x the field
42	New York	2.18%	2.01–2.37%	568	26,003	0.7x the field
43	Connecticut	2.14%	1.60–2.86%	44	2,059	0.7x the field
44	Indiana	2.13%	1.71–2.65%	78	3,666	0.7x the field
45	Alabama	1.78%	1.44–2.19%	85	4,788	0.6x the field
46	Minnesota	1.78%	1.42–2.22%	76	4,279	0.6x the field
47	Alaska	1.69%	0.73–3.91%	5	295	0.5x the field
48	Washington	1.65%	1.46–1.87%	243	14,687	0.5x the field
49	South Dakota	1.64%	1.01–2.64%	16	978	0.5x the field
50	Oregon	1.63%	1.23–2.16%	48	2,937	0.5x the field
51	Wisconsin	1.55%	1.29–1.86%	112	7,234	0.5x the field
52	Maine	1.50%	0.69–3.23%	6	401	0.5x the field
53	Rhode Island	1.29%	0.72–2.29%	11	856	0.4x the field
54	West Virginia	0.81%	0.22–2.92%	2	246	0.3x the field

Volume, approval rate, median days and median wage for every state are on the state map.

Filing a case?

None of these factors is a reason to file differently than the regulations require. They’re a reason to document the ones that apply. The deadline calculator covers the dates side.

Waiting on one?

Denials are rare, and most of the wait is queue time. The decision estimator reads your filing month against where DOL is now.

Case data: DOL quarterly disclosure files (flag.dol.gov) · data through Jun 30, 2026 · quarterly